218.610 As used in NRS 218.610 to [218.893,]218.735,
inclusive, agency of the state includes all offices, departments, boards,
commissions or institutions of the state, and the state industrial insurance
system.

Sec. 7. NRS 218.767 is
hereby amended to read as follows:

218.767 The intent of NRS 218.740 to
218.893, inclusive, and sections 2 to 5, inclusive, of
this act, is to provide for the impartial postauditing of each agency of
the state to furnish the legislature with factual information necessary to the
discharge of its constitutional duties and by which it may exercise its valid
powers.

Sec. 8. The legislature
intends the provisions of this act to be implemented with existing resources and
appropriations.

________

CHAPTER 420, SB 456

Senate Bill No. 456Committee
on Commerce and Labor

CHAPTER 420

AN ACT relating to public utilities;
requiring a public utility which supplies electricity to submit its plan to
increase its supply of electricity or reduce demand every third year; and
providing other matters properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 704.741 is
hereby amended to read as follows:

704.741 1. A utility which
supplies electricity in this state shall, on or before July 1 of every [even-numbered]third
year, in the manner specified by the commission,
submit a plan to increase its supply of electricity or decrease the demands
made on its system by its customers to the commission.

2. The commission shall, by regulation,
prescribe the contents of such a plan including, but not limited to, the
methods or formulas which are used by the utility to:

(a) Forecast the future demands; and

(b) Determine the best combination of sources of
supply to meet the demands or the best method to reduce them.

________

κ1987
Statutes of Nevada, Page 962κ

CHAPTER 421, AB 413

Assembly Bill No. 413Committee
on Judiciary

CHAPTER 421

AN ACT relating to the abuse of alcohol
and drugs; restricting eligibility for civil commitment of alcoholics and drug
addicts convicted of crime; allowing the imposition of conditions to such
commitment; establishing a minimum term for such commitment; requiring that a
person electing such commitment be advised of the conditions and minimum term;
and providing other matters properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 458.300 is
hereby amended to read as follows:

458.300 Subject to the provisions of NRS
458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been
convicted of a crime is eligible to elect treatment under the supervision of a
state-approved facility for the treatment of abuse of alcohol or drugs before
he is sentenced unless:

1. The crime is a crime against the
person punishable as a felony or gross misdemeanor as
provided [for] in chapter 200 of
NRS;

2. The crime is that of selling a
controlled substance [as defined in], trafficking of a controlled substance, possessing a
controlled substance for the purpose of sale, or conspiracy to sell, traffic or
possess for the purpose of sale a controlled substance in violation of
chapter 453 of NRS;

3. The crime is that of driving under the
influence of intoxicating liquor or while an habitual user or under the
influence of a controlled substance or while incapable of safely driving
because of the use of any chemical, poison or organic solvent as provided for
in NRS 484.379, or such driving which causes the death of or substantial bodily
harm to another person as provided in NRS 484.3795;

4. The alcoholic or drug addict has a
record of one or more convictions of a crime [of
violence or of selling a controlled substance as defined in chapter 453 of NRS,]described in subsection 1 or 2, a similar crime in
violation of the laws of another state, or of two or more convictions of
any felony;

5. Other criminal proceedings alleging
commission of a felony are pending against the alcoholic or drug addict;

6. The alcoholic or drug addict is on
probation or parole and the appropriate parole or probation authority does not
consent to the election; or

7. The alcoholic or drug addict elected
and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program
of treatment [on two prior occasions within any
consecutive 2-year period.]within the
preceding 5 years.

Sec. 2. NRS 458.310 is
hereby amended to read as follows:

458.310 1. If the court has
reason to believe that a person who has been convicted of a crime is an
alcoholic or drug addict, or the person states that he is
an alcoholic or drug addict, and the court finds that he is eligible to make
the election provided for in NRS 458.300, the court shall hold a hearing before
it sentences the person to determine whether or not he should receive treatment
under the supervision of a state-approved facility for the treatment of abuse
of alcohol or drugs.

that he is an alcoholic or drug addict, and the court finds
that he is eligible to make the election provided for in NRS 458.300, the court
shall hold a hearing before it sentences the person to determine whether or not
he should receive treatment under the supervision of a state-approved facility
for the treatment of abuse of alcohol or drugs. The district attorney may
present the court with any evidence concerning the advisability of permitting
the person to make the election.

2. At the hearing the court shall advise
him that sentencing will be postponed if he elects to submit to treatment and
is accepted for treatment by a state-approved facility. In offering the
election, the court shall advise him that:

(a) The court may impose
any conditions upon the election of treatment that could be imposed as
conditions of probation;

(b) If he elects
to submit to treatment and is accepted, he may be placed under the supervision
of the facility for a period of not [to exceed]less
than 1 year nor more than 3 years;

[(b)](c) During treatment he may be confined in an
institution or, at the discretion of the facility, released for treatment or
supervised care in the community; and

[(c)](d) If he satisfactorily completes treatment [,]and satisfies
the conditions upon the election of treatment, as determined by the
court, the conviction will be set aside, but if he does not satisfactorily
complete the treatment [,]and satisfy the conditions, he may be sentenced and the
sentence executed.

Sec. 3. NRS 458.320 is
hereby amended to read as follows:

458.320 1. If the court,
after a hearing, determines that a person is entitled to accept the treatment
offered pursuant to NRS 458.310, the court shall order an approved facility for
the treatment of abuse of alcohol or drugs to conduct an examination of the
person to determine whether he is an alcoholic or drug addict and is likely to
be rehabilitated through treatment. The facility shall report to the court the
results of the examination and recommend whether the person should be placed
under supervision for treatment.

2. If the court, acting on the report or
other relevant information, determines that the person is not an alcoholic or
drug addict, [or that he] is not
likely to be rehabilitated through treatment [,]or is otherwise not a good candidate for treatment,
he may be sentenced and the sentence executed.

3. If the court determines that the
person is an alcoholic or drug addict , [and] is likely to be rehabilitated
through treatment [,]and is a good candidate for treatment, the court may [defer]:

(a) Impose any conditions
to the election of treatment that could be imposed as conditions of probation;

(b) Defer
sentencing until such time, if any, as sentencing is authorized pursuant to NRS
458.330 [, and place]; and

(c) Place the
person under the supervision of an approved facility for treatment for [a maximum of]not
less than 1 year nor more than 3 years.

The court may require such progress reports on the treatment
of the person as it deems necessary.

4. No person may be placed under the
supervision of a facility under this section unless the facility accepts him
for treatment.

Sec. 4. NRS 458.330 is
hereby amended to read as follows:

458.330 1. Whenever a person
is placed under the supervision of a treatment facility, his sentencing must be
deferred, and his conviction must be set aside if the treatment facility
certifies to the court that he has satisfactorily completed the treatment
program , and the court approves the
certification [.]and determines that the conditions upon the election of
treatment have been satisfied.

2. If, upon the expiration of the
treatment period, the treatment facility has yet to certify that the person has
completed his treatment program, the court shall sentence him. If he has satisfied the conditions to the election of treatment
and the court believes that he will complete his treatment on a
voluntary basis, it may, in its discretion, set the conviction aside.

3. If, before the treatment period
expires, the treatment facility determines that the person is not likely to
benefit from further treatment at the facility, it shall so advise the court.
The court shall then:

(a) Arrange for the transfer of [such]the
person to a more suitable treatment facility, if any; or

(b) Terminate the supervision and conduct a
hearing to determine whether the person should be sentenced.

Whenever a person is sentenced under this section, time
spent in institutional care must be deducted from any sentence imposed.

Sec. 5. NRS 484.3794 is
hereby amended to read as follows:

484.3794 1. A person who is
found guilty of a first or second violation of NRS 484.379 within 7 years may,
at that time or any time until he is sentenced, apply to the court to undergo a
program of treatment for alcoholism or drug abuse for at least 1 year if:

(a) He is classified as an alcoholic or abuser
of drugs by a:

(1) Counselor certified to make that
classification by the bureau of alcohol and drug abuse of the rehabilitation
division of the department of human resources; or

(2) Physician certified to make that
classification by the board of medical examiners;

(b) He agrees to pay the costs of the treatment;
and

(c) He has served or will serve a term of
imprisonment in jail of:

(1) One day, or has performed or will
perform 24 hours of work for the community, if it is his first offense within 7
years; or

(2) Five days if it is his second offense
within 7 years.

2. A prosecuting attorney has 10 days
after receiving notice of an application for treatment pursuant to this section
in which to request a hearing on the matter. The court shall order a hearing on
the application if the prosecuting attorney requests it or may order a hearing
on its own motion.

3. At the hearing on the application for
treatment the prosecuting attorney may present the court with any relevant
evidence on the matter. If a hearing is not held, the court shall decide the
matter upon affidavits and other information before it.

4. In granting an application for
treatment the court shall advise the offender that:

(a) Final sentencing in his case will be
postponed.

(b) If he is accepted for treatment by a
facility approved by the state, he may be placed under the supervision of the
facility for a period not to exceed 3 years and during treatment he may be
confined in an institution or, at the discretion of the facility, released for
treatment or supervised aftercare in the community.

(c) If he is not accepted for treatment by such
a facility or fails to complete the treatment satisfactorily, he must be
sentenced to the fine and imprisonment to which he would have been sentenced
had he not been allowed treatment. The sentence of imprisonment must be reduced
by a time equal to that which he served before beginning treatment.

(d) If he completes the treatment
satisfactorily, he may not be sentenced to a term of imprisonment which is
longer than that provided for the offense in paragraph (c) of subsection 1 or
fined more than the minimum provided for the offense in NRS 484.3792, but the
conviction remains on his record of criminal history.

5. The court shall administer the program
of treatment pursuant to the procedures provided in NRS 458.320 and 458.330,
except that the court shall not defer the sentence , [or] set aside the conviction [.]or impose
conditions upon the election of treatment not provided in this section.

6. The court shall notify the department,
on a form approved by the department, upon granting the offenders application
for treatment and his failure to be accepted for or complete treatment.

________

CHAPTER 422, AB 616

Assembly Bill No. 616Committee
on Transportation

CHAPTER 422

AN ACT relating to special fuel;
lengthening the period for which records must be preserved; extending the time
for petitioning for a redetermination of an assessment; expanding the time
during which the notice of an additional assessment may be served; increasing
the amount of the bond posted by dealers, users and motor carriers; and
providing other matters properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 366.140 is
hereby amended to read as follows:

366.140 1. Every special
fuel dealer, special fuel user and every person importing,
manufacturing, refining, dealing in, transporting or storing special fuel in
this state shall keep such records, receipts, invoices and other pertinent
papers with respect thereto as the department requires.

importing, manufacturing, refining, dealing in, transporting
or storing special fuel in this state shall keep such records, receipts,
invoices and other pertinent papers with respect thereto as the department
requires.

2. These records, receipts, invoices and
other pertinent papers [shall]must be preserved intact for [a
period of 28]36 months.

3. Any special
fuel dealer or special fuel user who:

(a) Fails to file the
returns required pursuant to this chapter; or

(b) Files the returns
required pursuant to this chapter and indicates that no taxable fuel was
delivered or used or that he conducted no taxable operation,

shall keep the records required by
this section for 7 years after their making or until the department gives him
written authorization to destroy the records.

4. The
records, receipts, invoices and other pertinent papers [shall]must be available at all times during business
hours to the department or its [duly]
authorized agents.

Sec. 2. NRS 366.405 is
hereby amended to read as follows:

366.405 1. If the department
is not satisfied with the records, statements or amount of tax paid by any
person pursuant to the provisions of this chapter, it may make an additional or
estimated assessment of tax due from [such]that person based upon any information available
to it. Every additional or estimated assessment [shall
bear]bears interest at the rate of
1 percent per month, or fraction thereof, from the date [such]the additional assessment is imposed until paid.

2. If any part of a deficiency for which
an additional assessment is imposed is found to be caused by negligence or
intentional disregard of the provisions of this chapter or the [rules or] regulations of the department
adopted pursuant thereto, a penalty of 10 percent of the amount of [such]the
additional assessment [shall]must be added thereto. If any part of [such]the
deficiency is found to be caused by fraud or an intent to evade this chapter or
[rules or] regulations adopted
pursuant to this chapter, a penalty of 25 percent of the amount of the
additional assessment [shall]must be added thereto.

3. The department shall give [such]the
person written notice of [such]the additional assessment. [Such]The notice may be served personally or by mail in
the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure
addressed to [such]the person at his address as it appears in the records
of the department. [Every]Except for reports filed pursuant to subsection 3 of NRS
366.140, every notice of additional assessment proposed to be assessed
under this chapter [shall]must be served within [28]36 months after the claimed erroneous report was
filed.

4. When a special fuel user or special
fuel dealer refuses or fails to make available to the department, upon request,
such records, reports or other information as determined by the department to
be necessary in satisfying the department that the amount of tax paid by [such]the
user or dealer is correct, the additional or estimated assessment made pursuant
to this section is presumed to be correct, and the burden
is upon the person challenging [any such] the assessment to establish that it
is erroneous.

is presumed to be correct, and the burden is upon the person
challenging [any such]the assessment to establish that it is erroneous.

5. Any person against whom an assessment
has been made pursuant to the provisions of this section may petition the
department in writing for a redetermination
within [15]30
days after service of [such]the notice. If [such]
a petition is not filed with the department within [such
period, such assessment shall become]that
period, the assessment becomes final.

6. If a petition for redetermination is
filed within [such period,]30 days, the department shall reconsider the assessment
and, if the petitioner so requests, [shall]
grant him an oral hearing and give him 10 days notice of the time and place of
[such]the
hearing. The department may continue [such
hearing from time to time]the hearing
as may be necessary.

7. The order of the department upon [such] a petition [shall
become final 15]becomes final 30
days after service of notice thereof. If any additional assessment is not paid
on or before the date it becomes final, there [shall]must be added thereto in addition to any other penalty
provided for in this chapter a penalty of 10 percent of the amount of the
additional assessment.

Sec. 3. NRS 366.550 is
hereby amended to read as follows:

366.550 1. [When the department requires, or when specifically
provided by this chapter, an]An
applicant for a special fuel dealers license or an applicant for a special
fuel users license, or a holder of a special fuel dealers license or a
special fuel users license, shall provide a bond executed by him as principal,
and by a corporation qualified under the laws of this state as surety, payable
to the State of Nevada, conditioned upon the faithful performance of all of the
requirements of this chapter and upon the punctual payment of all excise taxes,
penalties and interest due to the State of Nevada. The amount of the bond must
be twice the:

(a) Average quarterly
taxes, penalties and interest due the State of Nevada during the preceding
calendar year; or

(b) Estimated taxes
payable for the first full calendar quarter of operation in this state,

determined by
the department in such manner as it deems proper, and may be accordingly increased or reduced by the department at
any time subject to the limitations prescribed in this chapter . [, but the]The total amount of the bond or bonds of any holder of a license must not [exceed $5,000.]be
less than $1,000 or more than $25,000. The amount so fixed must be
rounded off to the next larger integral multiple of $100.

2. No recovery on any bond, nor the
execution of any new bond, nor the suspension or revocation of any special fuel
dealers license or special fuel users license affects the validity of any
bond.

3. In lieu of a bond or bonds an
applicant for a special fuel dealers license or special fuel users license or
the holder of a special fuel dealers license or special fuel users license
may deposit with the state treasurer, under such terms as the department may
prescribe:

(a) A like amount of lawful money of the United
States or bonds of the United States or of the State of Nevada of an actual
market value of not less than the amount fixed by the department; or

(b) A savings certificate of a bank or savings
and loan association situated in Nevada, which must indicate an account of an
amount equal to the amount of the bond which would otherwise be required by
this section and that this amount is unavailable for withdrawal except upon
order of the department. Interest earned on this amount accrues to the account
of the applicant for or holder of the special fuel dealers license or special
fuel users license.

4. The department
may reduce the requirements for a bond to not less than $1,000 for the holder
of a special fuel users license upon his faithful performance of all the
requirements of this chapter and the punctual payment of all taxes due the
State of Nevada for the 3 preceding calendar years.

5. The department
shall immediately reinstate the original requirements for a bond for a holder
of a special fuel users license upon his:

(a) Lack of faithful
performance of the requirements of this chapter; or

(b) Failure to pay
punctually all taxes, fees, penalties and interest due the State of Nevada.

Sec. 4. NRS 366.650 is
hereby amended to read as follows:

366.650 1. If illegally or
through error the department collects or receives any excise tax, penalty or
interest imposed under this chapter, the excise tax, penalty or interest must
be refunded to the person [paying it.]who paid the tax, penalty or interest. Except as
otherwise provided in NRS 360.235, a written application for refund, stating
the specific grounds therefor, must be made within [28]36 months after the date of payment, whether or
not the excise tax, penalty or interest was paid voluntarily or under protest.

2. Refunds must be made to a successor,
assignee, estate or heir of [such a]the person if written application is made within
the time limit.

3. Any amount determined to be refundable
by the department must be refunded or credited to any amounts then due from the
special fuel dealer.

4. All amounts refunded under the
provisions of this chapter must be paid from the state highway fund on claims
presented by the department, approved by the state board of examiners, and
allowed and paid as other claims against the state are allowed and paid.

5. Licensed special fuel users operating
interstate who can prove to the satisfaction of the department that their
special fuel purchases in Nevada exceed their use over the highways of this
state for a certain quarter must apply credit to any excise taxes, penalties or
interest required by this chapter or fees, taxes, penalties or interest
applicable pursuant to chapter 706 of NRS and any balance may be refunded or
credited to succeeding reports.

Sec. 5. NRS 706.196 is
hereby amended to read as follows:

706.196 1. The department
may:

(a) Require such reports and the maintenance of
such books, papers and records as it determines necessary for the
administration and enforcement of this chapter and NRS 484.739.

(b) Examine, at any time during the business
hours of the day, the books, papers and records of any
common, contract or private motor carrier doing business in this state.

papers and records of any common, contract or private motor
carrier doing business in this state.

2. These books, papers and records must
be preserved intact for [a period of 28]36 months.

3. Any common,
contract or private motor carrier who:

(a) Fails to file the
returns required pursuant to this chapter; or

(b) Files the returns
required pursuant to this chapter and indicates that he conducted no
operations,

shall keep the records required by
this section for 7 years after their making or until the department gives him
written authorization to destroy the records.

4. The fact
that [such]the
books, papers and records are not maintained in this state does not cause the
department to lose any right of examination under this chapter when and where
the books, papers and records become available.

Sec. 6. NRS 706.301 is
hereby amended to read as follows:

706.301 1. [When the department finds it necessary, or when
specifically provided by this chapter, an]An applicant for or holder of a license, provided for
in NRS 706.516, 706.521 and 706.526, shall provide a bond executed by [the applicant or holder]him as principal, and by a corporation qualified under
the laws of this state as surety, payable to the State of Nevada , [and]
conditioned upon the faithful performance of all the requirements of this
chapter and upon the punctual payment of all fees, penalties and interest due
to the State of Nevada. The total amount of the bond must be [fixed by the department,]twice the:

(a) Average quarterly
taxes, fees, penalties and interest due the State of Nevada during the
preceding calendar year; or

(b) Estimated taxes and
fees payable for the first full calendar quarter of operation in this state,

determined in such manner as the department finds
appropriate, [but the]and may be accordingly increased or reduced by the department
at any time subject to the limitations of this chapter. The total amount
of the bond or bonds of any holder of a license must
not [exceed $5,000.]be less than $1,000 or more than $25,000. The amount so
fixed must be rounded off to the next larger integral multiple of $100.

2. No recovery on any bond, the execution
of any new bond or the suspension or revocation of any license [shall affect]affects
the validity of any bond.

3. In lieu of a bond or bonds an
applicant for or holder of any license may deposit with the state treasurer,
under such terms as the department may prescribe:

(a) A like amount of lawful money of the United
States, or bonds or other lawful negotiable instruments of the United States or
of the State of Nevada of an actual market value of not less than the amount
fixed by the department; or

(b) A savings certificate issued by a bank or
savings and loan association in Nevada, which certificate
must indicate an amount at least equal to the amount of the bond which would
otherwise be required by this section and must state that the amount is
unavailable for withdrawal except by direct and sole order of the department.

in Nevada, which certificate must indicate an amount at
least equal to the amount of the bond which would otherwise be required by this
section and must state that the amount is unavailable for withdrawal except by
direct and sole order of the department. Interest earned on the deposit must
accrue to the account of the applicant for or holder of the license and not the
department.

4. The department
may reduce the requirements for a bond to not less than $1,000 for the holder
of a license upon his faithful performance of all the requirements of this
chapter and the punctual payment of all taxes and fees due the State of Nevada
for the 3 preceding calendar years.

5. The department
shall immediately reinstate the original requirements for a bond for a holder of
a license upon his:

(a) Lack of faithful
performance of the requirements of this chapter; or

(b) Failure to pay
punctually all taxes, fees, penalties and interest due the State of Nevada.

Sec. 7. NRS 706.571 is
hereby amended to read as follows:

706.571 1. If illegally or
through error the department collects or receives any fee, penalty or interest
imposed under NRS 706.011 to 706.861, inclusive, the fee, penalty or interest
must be refunded or credited to the person paying it. Notification stating the
specific grounds therefor must be made within [28]36 months after the date of payment, whether or
not the fee, penalty or interest was paid voluntarily or under protest.

2. Refunds must be made to a successor,
assignee, estate or heir of [such]the person if written application is made within the
time [limit.]prescribed.

3. Any amount determined to be refundable
by the department must be refunded or credited to any amounts then due from the
person to whom the refund is due.

4. All amounts refunded under the
provisions of this chapter must be paid from the motor vehicle fund on claims
presented by the department, approved by the state board of examiners, and paid
as other claims against the state are paid.

Sec. 8. NRS 706.791 is
hereby amended to read as follows:

706.791 1. If the department
is not satisfied with the records, statements or amount of fees paid by any
person, pursuant to the provisions of NRS 706.011 to 706.861, inclusive, it may
make an additional or estimated assessment of fees due from [such]that
person based upon any information available to it.

2. Every [such
assessment shall bear]additional or
estimated assessment bears interest at the rate of 1 percent per month,
or fraction thereof, from the date [such]the assessment is imposed until paid.

3. If any part of a deficiency for which [such]an
assessment is imposed is found to be caused by negligence or intentional
disregard of the provisions of NRS 706.011 to 706.861, inclusive, or the [rules and] regulations of the department
adopted pursuant thereto, a penalty of 10 percent of the amount of [such assessment shall] the assessment must be added
thereto.

of [such assessment shall]the assessment must be added thereto. If any part
of [such]the
deficiency is found to be caused by fraud or an intent to evade this chapter or
[rules and] regulations adopted
pursuant to this chapter, a penalty of 25 percent of the amount of [such assessment shall]the assessment must be added thereto.

4. The department shall give [such]the
person written notice of [such]the assessment. [Such]The notice may be served personally or by mail in
the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure
addressed to [such]the person at his address as it appears in the records
of the department. [Every]Except for reports filed pursuant to subsection 3 of NRS
706.196, every notice of assessment [shall]must be served within [28]36 months after the allegedly erroneous report
was filed.

5. When any person refuses or fails to
make available to the department, upon request, such records, reports or other
information as determined by the department to be necessary in satisfying the
department that the amount of tax paid by [such]that person is correct, the assessment made
pursuant to this section is presumed to be correct, and the burden is upon the
person challenging [any such]the assessment to establish that it is erroneous.

6. Any person against whom an assessment
has been made pursuant to the provisions of this section may petition the
department in writing for a redetermination
within [15]30
days after service of [such]the notice. If [such]
a petition is not filed with the department within [such
period, such assessment shall become]that
period, the assessment becomes final.

7. If a petition for redetermination is
filed within [such period,]30 days, the department shall reconsider the assessment
and, if the petitioner so requests, [shall]
grant him an oral hearing and give him 10 days notice of the time and place of
[such]the
hearing. The department may continue [such
hearing from time to time]the hearing
as may be necessary.

8. The order of the department upon [such] a petition [shall
become final 15]becomes final 30
days after service of notice thereof. If [any
such]an assessment is not paid on
or before the date it becomes final, there [shall]must be added thereto in addition to any other
penalty provided for in this chapter a penalty of 10 percent of the amount of
the assessment.

Sec. 9. Section 4 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

κ1987
Statutes of Nevada, Page 972κ

CHAPTER 423, SB 445

Senate Bill No. 445Senator
Beyer

CHAPTER 423

AN ACT relating to the state board of
registered professional engineers and land surveyors; increasing the fees for
registration as a professional engineer; conforming the provisions governing
the unlawful practice of land surveying to the provisions governing the
unlawful practice of professional engineering; providing a penalty; and
providing other matters properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 625.210 is
hereby amended to read as follows:

625.210 1. The board shall
issue a certificate of registration to any applicant who has paid a fee for
registration fixed by the board not exceeding [$150]$200 and who, in the opinion of the board, has
satisfactorily met all the requirements of this chapter.

2. The certificate authorizes the
practice of professional engineering, followed by the branch or branches for
which he is qualified.

3. Certificates of registration must:

(a) Show the full name of the registrant.

(b) Have a registration number.

(c) Be signed by the chairman and the secretary
under seal of the board.

4. The issuance of a certificate of
registration by the board is evidence that the person named in the certificate
is entitled to all the rights and privileges of a registered professional
engineer while the certificate remains valid.

Sec. 2. NRS 625.220 is
hereby amended to read as follows:

625.220 1. The board may,
upon application and payment of an application fee fixed by the board not
exceeding [$100,]$200, issue a certificate of registration as a
professional engineer to any person who holds a certificate of qualification or
registration issued to him by proper authority of the National Council of
Engineering Examiners Committee on National Engineering Certification, or by
the proper authority of any state, territory or possession of the United
States, or of any country, if the requirements for the registration of
professional engineers under which the certificate of qualification or
registration was issued do not conflict with the provisions of this chapter and
are of a standard not lower than that specified in this chapter.

2. An oral examination conducted by not
less than three professional engineers registered by the board may be required
of such persons and a written examination may be required at the discretion of
the board.

Sec. 3. NRS 625.540 is
hereby amended to read as follows:

625.540 [It
shall be unlawful for any person to practice, offer to practice, or represent
himself as a land surveyor in this state, or to set, reset or replace any
survey monument unless he has been licensed or specifically exempted from
license under this chapter.]

(a) Not properly
registered, licensed or exempted under the provisions of this chapter to:

(1) Practice,
continue to practice, solicit to practice, offer to practice or attempt to
practice land surveying;

(2) Set, reset or
replace any survey monument; or

(3) Directly or
indirectly employ any means which in any manner tends or is likely to create
the impression on the public or any member thereof that any person who is not
licensed or registered pursuant to this chapter is qualified or authorized to
practice land surveying.

(b) To present or attempt
to use, as his own, the certificate of registration, license or seal of
another.

(c) To give any false or
forged evidence of any kind to the board or any member thereof in obtaining a
certificate of registration or license.

(d) To impersonate
falsely any other registrant of the same or a different name.

(e) To attempt to use an
expired or revoked certificate of registration or license.

(f) To violate any of the
provisions of this chapter.

2. A person who
violates any of the provisions of subsection 1 is guilty of a gross
misdemeanor.

AN ACT relating to services to aging
persons; establishing a program in the aging services division of the
department of human resources to provide care at home for certain elderly
persons and encourage them to maintain their independence and self-reliance;
authorizing the division to contract for services, accept grants, establish a
schedule of fees and initiate demonstrative projects; and providing other
matters properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 427A of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6, inclusive, of this act.

Sec. 2. Frail elderly person means a natural person 65 years of age
or older who:

1. Has a physical
or mental limitation that restricts his ability to live independently and carry
out activities of normal daily living; and

2. Has been or is
at risk of being placed in a facility for long-term care.

Sec. 3. 1. The division shall establish and administer a
program to provide the community-based services necessary to enable a frail
elderly person to remain in his own home or with his family and avoid placement
in a facility for long-term care. The program may be carried out solely by the
division or in cooperation with another state agency, the Federal Government or
any local government.

2. Any such
program established by the division pursuant to this section may have as its
goals to:

(a) Foster independence
and self-reliance and maintain the dignity of frail elderly persons and allow
them, to the fullest extent possible, to be an integral part of their families
and communities;

(b) Establish in
communities throughout the state community-based services which will enable
frail elderly persons to remain in their homes;

(c) Ensure that any frail
elderly person who has been, or is at risk of being, placed inappropriately in
a facility for long-term care is able to receive the services which will enable
him to stay in his home; and

(d) Promote participation
by any appropriate public or private agency, organization or institution in the
development of services that offer options to frail elderly persons and foster
independent living.

3. The division
shall adopt regulations necessary to establish and administer the program
established pursuant to this section.

Sec. 4. 1. The division may use personnel of the division
or it may contract with any appropriate public or private agency, organization
or institution to provide the community-based services necessary to enable a
frail elderly person to remain in his home.

2. Any such
contract must:

(a) Include a description
of the type of service to be provided;

(b) Specify the price to
be paid for each service and the method of payment; and

(c) Specify the criteria
to be used to evaluate the provision of the service.

Sec. 5. 1. The division may apply for, accept and expend
any federal or private grant of money or other type of assistance that becomes
available to carry out the provisions of sections 2 to 6, inclusive, of this
act. Any money received pursuant to this section must be deposited with the
state treasurer and accounted for separately in the state general fund.

2. The division
shall, with the approval of the commission and director, establish a schedule
of fees to be charged and collected for any service provided pursuant to
sections 2 to 6, inclusive, of this act.

Sec. 6. The division may initiate projects to test and demonstrate
various ways of providing the community-based services necessary to enable a
frail elderly person to remain in his home.

427A.020 As used in this chapter, unless
the contest otherwise requires, the words and terms defined in NRS 427A.021 to
427A.028, inclusive, and section 2 of this act, have
the meanings ascribed to them in those sections.

Sec. 8. NRS 427A.038 is
hereby amended to read as follows:

427A.038 1. The commission
shall:

(a) Determine and evaluate the needs of the
older people of this state.

(b) Seek ways to avoid unnecessary duplication
of services for older persons by public and private organizations in Nevada.

(c) Establish priorities for the work of the
division according to the most pressing needs of older persons as determined by
the commission.

(d) Promote programs that
provide community-based services necessary to enable a frail elderly person, to
the fullest extent possible, to remain in his home and be an integral part of
his family and community.

(b) Review and approve the state plan for
providing services to meet the needs of older persons.

(c) Gather and disseminate information in the
field of aging.

(d) Conduct hearings, conferences and special
studies on the problems of older persons and on programs which serve them.

(e) Evaluate existing programs for older persons
and recommend needed changes in those programs and propose new programs which
would more effectively and economically serve the needs of older persons.

(f) Evaluate any proposed legislation which
would affect older persons.

(g) Coordinate and assist the efforts of public
and private organizations which serve the needs of older persons, especially in
the areas of education, employment, health, housing, welfare and recreation.

Sec. 9. NRS 427A.110 is
hereby amended to read as follows:

427A.110 1. [All]Except as
otherwise provided in section 5 of this act, all gifts of money which
the division is authorized to accept must be deposited in the state treasury
for credit to the aging services divisions gift account in the department of
human resources gift fund. The money may be invested and reinvested and must
be used in accordance with the conditions of the gift.

2. All claims must be approved by the
administrator before they are paid.

________

κ1987
Statutes of Nevada, Page 976κ

CHAPTER 425, AB 375

Assembly Bill No. 375Assemblyman
Banner

CHAPTER 425

AN ACT relating to mobile home parks; revising
provisions governing landlords and tenants of the parks; and providing other
matters properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 118.165 is
hereby amended to read as follows:

118.165 1. Unless exempted
by subsection 3, every landlord of real property leased or otherwise rented to
a tenant , including every landlord of a mobile home
park, shall deliver to the tenant in July of each year, and whenever the
periodic rent changes, a statement which shows separately for each periodic
payment of rent:

(a) The amount which represents property taxes
paid by the landlord; and

(b) The remainder of that payment.

2. If the property rented is one of
several upon which the landlord pays taxes together, the amount which
represents property taxes must be calculated by:

(a) Apportioning the total property tax paid for
the year upon the entire property among the individual properties rented
according to their respective areas.

(b) Reducing the amount so apportioned to each
particular property for the year by the appropriate fraction to correspond to
the period for which rent on it is paid.

3. This section does not apply to:

(a) Any property covered by a written agreement
which requires the tenant to pay the property tax or otherwise provides for
calculation and notice to the tenant of its amount.

(b) Any lodging unless it contains its own
cooking and toilet facilities, separate from other living quarters.

(c) Any room in a hotel or motel.

(d) Any concession within a larger commercial
enterprise, or any other property not customarily used separately from adjacent
units.

(e) Any property for which the rent is a share
of sales or profit.

4. The statements required in July 1981
by subsection 1 must show, in addition to the information required as of the
date the statement is prepared, the comparable information as of July 1980.
Each landlord of property which is subject to this section shall reduce the
periodic rent otherwise payable by an amount equal to 90 percent of any
reduction from 1980 to 1981 of the amount which represents property taxes as
shown in the statements required by that subsection.

5. This section does not purport to
regulate the total amount of rent payable.

6. A landlord who fails to reduce the
periodic rent in accordance with subsection 4 is liable
to each tenant whose rent was not properly reduced for an amount equal to three
times the amount which was overpaid by the tenant, unless the landlord shows
good cause for the failure.

subsection 4 is liable to each tenant whose rent was not
properly reduced for an amount equal to three times the amount which was
overpaid by the tenant, unless the landlord shows good cause for the failure.
If the tenant made written demand upon his landlord at least 20 days before
bringing his action under this subsection, a judgment for the tenant must
include costs and a reasonable attorneys fee.

7. The department of taxation is
responsible for enforcing the provisions of this section.

Sec. 1.5. Chapter 118B of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. (Deleted by
amendment.)

Sec. 3. 1. The landlord shall authorize each manager and
assistant manager to make repairs himself or enter into a contract with a third
party for the repairs.

2. The manager
shall contract with a third party to provide emergency repairs for the tenants
on the occasions when the manager and assistant manager are not physically
present in the park. The manager shall notify each tenant of the telephone number
of the third party who will make the repairs, and direct the tenants to call
him when an emergency repair is needed and the manager and assistant manager
are not physically present in the park. The telephone number so provided must
be that of the third party directly. The provision of the telephone number of
an answering service does not fulfill this requirement. If the manager or
assistant manager are present in the park, any request for repairs must be made
to him and not the third party.

3. As used in this
section, repairs means only repairs to the property of the owner of the
mobile home park.

Sec. 3.5. NRS 118B.014 is
hereby amended to read as follows:

118B.014 Landlord means the owner or
lessor of a mobile home lot and the owner [,
lessor or operator]or lessor of a
mobile home park.

Sec. 4. NRS 118B.040 is
hereby amended to read as follows:

118B.040 1. A written rental
[contract]agreement
or lease [must]may be executed between a landlord and tenant to rent
or lease any mobile home lot. The landlord shall give the tenant a copy of the [contract]agreement
or lease , if any, at the time the tenant signs
it.

2. [The
written rental contract]Any such written
rental agreement or lease must contain but is not limited to provisions
relating to the following subjects:

(a) Duration of the agreement.

(b) Amount of rent, the manner and time of its
payment and the amount of any charges for late payment and dishonored checks.

(c) Restrictions on [and
charges for] occupancy by children or pets.

(d) Services and utilities included with the lot
rental and the responsibility of maintaining or paying for [the services and utilities.]them, including the charge, if any, for cleaning the lots.

(e) Fees which may be required and the purposes
for which they are required.

(f) Deposits which may be required and the
conditions for their refund.

(g) Maintenance which the tenant is required to
perform and any appurtenances he is required to provide.

(h) The name and address of the owner of the
mobile home park and his authorized agent.

(i) Any restrictions on subletting.

(j) The number of and charges for persons who
are to occupy a mobile home or recreational vehicle on the lot and their ages.

(k) Any recreational facilities and other
amenities provided to the tenant and any deposits or fees required for their
use.

(l) Any restriction of all or part of the park
to adults or older persons.

(m) A making or designation of the mobile home
lot sufficient to inform the tenant of its boundaries.

Sec. 5. NRS 118B.050 is
hereby amended to read as follows:

118B.050 Any provision in a rental
agreement or lease for a mobile home lot which
provides that the tenant:

1. Agrees to waive or forego any rights
or remedies afforded by this chapter;

2. Authorizes any person to confess
judgment on any claim arising out of the rental agreement;

3. Agrees to pay the landlords
attorneys fees, except that the agreement may provide that attorneys fees may
be awarded to the prevailing party in the event of court action;

4. Agrees to the exculpation or
limitation of any liability of the landlord arising under law or to indemnify
the landlord for that liability or costs connected therewith, if the liability
is based upon an act or omission of the landlord or any agent or employee of
the landlord; [or]

5. Agrees to a period of time within
which he will give notice to the landlord of the termination of his tenancy
which is longer than the term of the lease [,]; or

6. Agrees to pay
any additional charge for children or pets, unless the landlord provides a
special service regarding children or pets,

is void. A tenant may recover his actual damages resulting
from the enforcement of such a provision.

Sec. 6. NRS 118B.060 is
hereby amended to read as follows:

118B.060 1. Any payment,
deposit, fee, or other charge which is required by the landlord in addition to
periodic rent, utility charges or service fees and is collected as prepaid rent
or a sum to compensate for any tenant default is a deposit governed by the
provisions of this section.

2. The landlord shall maintain a separate
record of the deposits.

3. All deposits are refundable, and upon
termination of the tenancy the landlord may claim from a deposit only such
amounts as are reasonably necessary to remedy tenant defaults in the payment of
rent, utility charges or service fees and to repair damage to the park caused
by the tenant. The landlord shall provide the tenant with
an itemized written accounting of the disposition of the deposit.

landlord shall provide the tenant with an itemized written
accounting of the disposition of the deposit. Any refund must be sent to the
tenant within 21 days after the tenancy is terminated.

4. Upon termination of the landlords
interest in the mobile home park, the landlord shall either transfer to his
successor in interest that portion of the deposit remaining after making any
deductions allowed under this section or [return]refund that portion to the tenant.

5. If the former
landlord fails to transfer that portion of the deposit remaining to the
successor in interest or refund it to the tenant at the time the successor in
interest takes possession, the successor then becomes jointly and severally
liable with the former landlord for refunding to the tenant that portion of the
deposit to which he is entitled.

6. If the former
landlord fails to transfer or refund the deposit, the tenant may not be
required to pay another deposit until the successor in interest refunds the
deposit to the tenant or provides him with an itemized written accounting of
the statutorily authorized disposition of the deposit.

7. The
claim of the tenant to any deposit to which he is entitled by law takes
precedence over the claim of any creditor of the landlord.

Sec. 7. NRS 118B.080 is
hereby amended to read as follows:

118B.080 1. The landlord
shall disclose in writing to each tenant the name [and
address of:

(a) The person authorized
to manage], address and telephone number
of the manager or assistant manager of the mobile home park [;

(b)], and any change thereof. The landlord shall also disclose in
writing to each tenant the name and address of:

(a) A person
authorized to receive service of process for the landlord; and

[(c)](b) The owner of the mobile home park,

and any change thereof.

2. The information must be furnished in
writing to each new tenant on or before the commencement of his tenancy [.]and to each
existing tenant.

Sec. 8. NRS 118B.085 is
hereby amended to read as follows:

118B.085 1. [The]If the
owner of a mobile home park has employed a manager or
assistant manager, the owner shall notify the manufactured housing
division of the department of commerce of the name of the manager and assistant manager of his park . After the initial notification, the owner shall also send
such a notice within [30]45 days after:

(a) Buying the park;

(b) Opening the park for occupancy; or

(c) Changing managers [.]or assistant managers.

2. Upon receiving the notice required by
subsection 1, the administrator of the manufactured housing division shall send
the manager and the assistant manager the text of
the provisions of this chapter and a form upon which the manager and assistant manager shall acknowledge that [he has]they have
received those provisions, [has]have read them and [understands]understand them. The manager and the assistant manager shall return the acknowledged
form to the administrator within 10 days after receiving it.

3. For the purposes of this section,
manager means the person in charge or in control of a mobile home park,
whether or not he is the owner or employed by the owner. The term includes any company chosen by the landlord to
administer or supervise the affairs of the mobile home park.

Sec. 9. NRS 118B.090 is
hereby amended to read as follows:

118B.090 The landlord shall:

1. [Keep]Maintain all common areas of the park in a clean
and safe condition; and

2. Maintain in good working order all
electrical, plumbing and sanitary facilities, appliances and recreational
facilities which he furnishes . [, except that repeated damage from misuse or vandalism
is grounds for suspension of maintenance or repair of a facility or appliance.]

Sec. 10. NRS 118B.100 is
hereby amended to read as follows:

118B.100 1. The landlord may
adopt rules or regulations concerning the tenants use and occupancy of the
mobile home lot and the grounds, areas and facilities of the mobile home park
held out for the use of tenants generally.

2. All such rules or regulations must be:

(a) Reasonably related to the purpose for which
they are adopted;

(b) Sufficiently explicit in their prohibition,
direction or limitation to inform the tenant of what he must do or not do for
compliance;

(c) Adopted in good faith and not for the
purpose of evading any obligation of the landlord arising under the law;

(d) Consistent with a general plan of operation,
construction or improvement, and must not arbitrarily restrict conduct or
require any capital improvement by the tenant which is not specified in the
rental agreement or unreasonably require a change in any capital improvement
made by the tenant and previously approved by the landlord unless the landlord
can show that it is in the best interest of the other tenants; and

(e) Uniformly entered against all tenants in the
park, including the managers. Any rule or regulation which is not so uniformly
enforced may not be enforced against any tenant.

3. No rule or regulation may be used to
impose any additional charge for occupancy of a mobile home lot or modify the
terms of a lease or rental agreement.

4. Except as otherwise
provided in subsection 5, a rule or regulation is enforceable against
the tenant only if he has notice of it at the time he enters into the rental
agreement. A rule or regulation adopted or amended after the tenant enters into
the rental agreement is not enforceable unless the tenant consents to it in
writing or is given 60 days notice of it in writing. A notice in a periodic
publication of the park does not meet the requirement for notice under this
subsection.

5. A rule or regulation pertaining to
recreational facilities in the mobile home park must be in writing to be
enforceable. Such rules and regulations may be amended and enforced by the
landlord without the tenants consent if the tenant is given 30 days written
notice of the amendment.

6. The landlord may adopt any rules or
regulations which are not inconsistent with the provisions of this chapter.

7. For the
purposes of this section, capital improvement means any addition or change to
the land or buildings which increases its value more than a repair or
replacement would increase its value.

Sec. 11. NRS 118B.110 is
hereby amended to read as follows:

118B.110 1. The landlord
shall meet with a representative group of tenants occupying the park, chosen by
the tenants, to hear any complaints or suggestions which concern a matter
relevant to the park within 45 days after he receives a written request to do
so which has been signed by 25 percent of the tenants occupying the park. The
meeting must be held at a time and place which is convenient to the landlord
and the tenants. The representative group of tenants must consist of no more
than five persons.

2. At least 10 days before any meeting is
held pursuant to this section the landlord or his agent shall post a notice of
the meeting in a conspicuous place in a common area of the park.

3. If the landlord
is not a natural person, the landlord shall appoint a natural person, not the
manager or assistant manager, who possesses a financial interest in the mobile
home park to meet with the tenants.

Sec. 12. Section 11 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

CHAPTER 426, AB 374

Assembly Bill No. 374Assemblyman
Banner

CHAPTER 426

AN ACT relating to mobile home parks;
making various changes concerning the rights of tenants; and providing other
matters properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 118B of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
5, inclusive, of this act.

Sec. 2. (Deleted by
amendment.)

Sec. 3. If a statute requires that a tenant obtain the approval of the
landlord on a particular matter and the landlord gives his approval, he shall
do so in writing.

Sec. 4. The amount of rent charged a tenant for a service or amenity
upon moving into the mobile home park must be reduced proportionately when the
service or amenity is decreased or eliminated by the landlord.

Sec. 5. A landlord must give his tenants at least 24 hours notice in
writing when planned repairs of a utility or a service which the mobile home
park provides will be interrupted.

118B.110 1. The landlord
shall meet with a representative group of tenants occupying the park [at least once a year], chosen by the tenants, to hear any complaints or
suggestions which concern a matter relevant to the park [if]within 45 days after he receives a written
request to do so which has been signed by 25 percent of the tenants occupying
the park. The meeting must be held at a time and place which is convenient to
the landlord and the tenants. The representative group
of tenants must consist of no more than five persons.

2. At least 10 days before any meeting is
held pursuant to this section the landlord or his agent shall post a notice of
the meeting in a conspicuous place in a common area of the park.

Sec. 7. NRS 118B.120 is
hereby amended to read as follows:

118B.120 1. The
landlord or his agent or employee may:

[1.](a) Require that the tenant landscape and
maintain the tenants lot if the landlord advises the tenant in writing of
reasonable requirements for the landscaping.

[2.](b) By prior written agreement, maintain the
tenants lot and charge the tenant a service fee for the
actual cost of that maintenance.

[3.](c) Require that the mobile home be removed from
the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts
to sell it.

2. The landlord
shall maintain, in the manner required for the other tenants, any lot on which
is located a mobile home within the park which has been repossessed, abandoned
or held for rent or taxes. The landlord is entitled to reimbursement for the
cost of that maintenance from the repossessor or lien holder or from the
proceeds of any sale for taxes, as the case may be.

Sec. 8. NRS 118B.130 is
hereby amended to read as follows:

118B.130 1. A landlord may
restrict all or part of a mobile home park to adult tenants who are at least 18
years old or to older tenants who are at least 55 years old, but:

(a) The landlord may not change an existing park
to an adult park or park for older persons unless the tenants who do not meet
those restrictions are given the option of remaining in the park or moving to
parks within [10]20 miles at the expense of the landlord.

(b) The landlord may not change an existing park
to a park in which certain areas are restricted to adults or older persons
unless the tenants who do not meet the restrictions are given the option of
remaining in their spaces or moving to unrestricted areas of the park or to
parks within [10]20 miles at the expense of the landlord.

(c) The landlord may not change the restriction
of a park or an area of a park which is restricted to adults or older persons
unless the tenants who meet the restriction are given the option of remaining
in their spaces or moving to parks within [10]20 miles at the expense of the landlord.

2. A tenant who elects to move pursuant
to a provision of subsection 1 must give the landlord notice in writing of his
election to move within 75 days after receiving notice of the change in
restrictions in the park. He is entitled to receive the cost of taking down,
moving and setting up his mobile home in the new lot or park.

3. A landlord of a park in which
restrictions have been or are being changed shall give written notice of the
change to each:

(a) Tenant of the park who does not meet the new
restrictions.

(b) Prospective tenant before the commencement
of the tenancy.

Sec. 9. NRS 118B.150 is
hereby amended to read as follows:

118B.150 The landlord or his agent or
employee shall not:

1. Increase rent or [service fees]additional
charges unless:

(a) The rental [rates
or the increase in service fees applies in a uniform manner to all tenants
similarly located in mobile homes of similar size on the same class of lot,
either double or single, or, if it is a service fee, to a given circumstance,]increase is the same amount for each space in the park,
except that a discount may be selectively given to persons who are handicapped
or who are 62 years of age or older [;], and any increase in additional charges for special
services is the same amount for each tenant using the special service;
and

(b) Written notice advising a tenant of the
increase is received by the tenant 90 days in advance of the first payment to
be increased and written notice of the increase is given to prospective tenants
before commencement of their tenancy.

2. Require a tenant to pay his rent by
check.

3. Except as otherwise provided in this
subsection, prohibit or require fees or deposits which are not of a fixed
amount for any meetings held in the parks community or recreational facility
by the tenants or occupants of any mobile home or recreational vehicle in the
park to discuss the parks affairs, or any tenant-sponsored political meeting,
if the meetings are held at reasonable hours and when the facility is not
otherwise in use, or prohibit the distribution of notices of such meetings.

4. Interrupt, with the intent to
terminate occupancy, any utility service furnished the tenant except for
nonpayment of utility charges when due. Any landlord who violates this
subsection is liable to the tenant for actual damages.

5. Prohibit a tenant from having guests,
but he may require the tenant to register the guest within 48 hours after his
arrival, Sundays and holidays excluded, and if the park is a secured park a
guest may be required to register upon entering and leaving.

6. Charge a fee for a guest who does not
stay with the tenant for more than 30 consecutive days or a total of 60 days in
a calendar year. The tenant of a mobile home lot who is living alone may allow
one other person to live in his home without paying any additional charge or fee.
No agreement between a tenant and his guest alters or varies the terms of the
rental contract or lease between the tenant and the
landlord and the guest is subject to the rules and regulations of the landlord.

contract or lease between the tenant and the landlord and
the guest is subject to the rules and regulations of the landlord.

7. Prohibit any tenant from soliciting
membership in any association which is formed by the tenants who live in the
park. For purposes of this subsection, solicit means to make an oral or
written request for membership or the payment of dues or to distribute,
circulate or post a notice for payment of such dues.

8. Prohibit a public officer or candidate
for public office from walking through the park to talk with the tenants.

Sec. 10. NRS 118B.170 is
hereby amended to read as follows:

118B.170 1. The landlord may
require approval of a prospective buyer and tenant before the sale of a
tenants mobile home or recreational vehicle, if the mobile home or vehicle
will remain in the park. The landlord shall not unreasonably withhold his
consent.

2. If a tenant sells his mobile home or
recreational vehicle, the landlord may require that the mobile
home or recreational vehicle be removed from the park if it is deemed by
the [landlord]parks written rules or regulations in the possession of the
tenants to be in a run-down condition or in disrepair [.]or does not
meet the safety standards set forth in NRS 461A.120. If the mobile home must be
inspected to determine compliance with the standards, the person requesting the
inspection shall pay for it.

3. If the landlord requires approval of a
prospective buyer and tenant, he shall post and maintain a sign which is
clearly readable at the entrance to the park which advises the reader that
before a mobile home in the park is sold, the parties to the sale must first
confer with the manager.

Sec. 11. NRS 118B.260 is
hereby amended to read as follows:

118B.260 Any landlord who violates any of
the provisions of this chapter:

1. For the first time, shall pay a civil
penalty of not more than [$250.]$1,000.

2. For the
second time, shall pay a civil penalty of not more than [$500.]$1,500.

3. For the third time or more, shall pay
a civil penalty of not more than [$1,000.]$2,500.

AN ACT relating to insurance; requiring
insurers to notify the commissioner of insurance of their intention to withdraw
from providing insurance to particular insureds; prohibiting insurers from
canceling policies except on certain grounds; revising the procedure for
nonrenewal; providing for a review of cancellation or nonrenewal by the
insurance division of the department of commerce; and providing other matters
properly relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 687B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. An insurer
which intends to withdraw from providing insurance for a particular class of
insureds shall notify the commissioner of that intention at least 60 days
before the notice of cancellation or nonrenewal is delivered or mailed to the
insureds.

2. Upon receipt of
a written request from an insured, the division shall, within 15 days after the
receipt of the request, review the ground for cancellation or nonrenewal. If
after the review the division fails to find that the insurer can demonstrate
the grounds for cancellation or nonrenewal by clear and convincing evidence,
the cancellation or nonrenewal shall be deemed withdrawn by the insurer and the
policy reinstated or renewed. Such a request for review by the division must be
made within 30 days after the insured receives the notice of cancellation or
nonrenewal.

Sec. 2. NRS 687B.310 is
hereby amended to read as follows:

687B.310 1. NRS 687B.310 to
687B.390, inclusive, apply to all binders and all contracts of insurance the
general terms of which are required to be approved or are subject to
disapproval by the commissioner, except as otherwise provided by statute or by
rule under subsection 3.

2. The contract may provide terms more
favorable to policyholders than are required by NRS 687B.310 to 687B.390,
inclusive.

3. The commissioner may by rule exempt
from NRS 687B.310 to 687B.390, inclusive, classes of insurance contracts where
the policyholders do not need protection against arbitrary termination.

4. The rights provided by NRS 687B.310 to
687B.390, inclusive, are in addition to and do not prejudice any other rights
the policyholder may have at common law or under other statutes.

5. NRS 687B.310 to 687B.390, inclusive,
do not prevent the rescission or reformation of any life
or health insurance contract not otherwise denied by the terms of the contract
or by any other statute.

or reformation of any life or health insurance contract not
otherwise denied by the terms of the contract or by any other statute.

6. Any notice to
an insured required pursuant to NRS 687B.320 to 687.350, inclusive, must be
personally delivered to the insured or mailed first class or certified to the
insured at his address last known by the insurer. The notice must state the
effective date of the cancellation or nonrenewal and be accompanied by a
written explanation of the specific reasons for the cancellation or nonrenewal.

Sec. 3. NRS 687B.320 is
hereby amended to read as follows:

687B.320 1. No insurance
policy that has been in effect for at least 70 days or that has been renewed
may be canceled by the insurer prior to the expiration of the agreed term or 1
year from the effective date of the policy or renewal, whichever is less,
except on any one of the following grounds:

(a) Failure to pay a premium when due; [and

(b) Such grounds as are
specified in the policy.

The commissioner shall not disapprove
grounds for cancellation specified in the policy which are reasonably necessary
to protect the insurer against material misrepresentations and against
substantial changes in the risk it has assumed, except to the extent that it
should reasonably foresee such changes.]

(b) Conviction of the
insured of a crime arising out of acts increasing the hazard insured against;

(c) Discovery of fraud or
material misrepresentation in the obtaining of the policy or in the
presentation of a claim thereunder;

(d) Discovery of:

(1) An act or
omission; or

(2) A violation of
any condition of the policy,

which occurred after the first
effective date of the current policy and substantially and materially increases
the hazard insured against;

(e) A material change in
the nature or extent of the risk, occurring after the first effective date of
the current policy, which causes the risk of loss to be substantially and
materially increased beyond that contemplated at the time the policy was issued
or last renewed;

(f) A determination by
the commissioner that continuation of the insurers present volume of premiums
would jeopardize the insurers solvency or be hazardous to the interests of
policyholders of the insurer, its creditors or the public; or

(g) A determination by
the commissioner that the continuation of the policy would violate, or place
the insurer in violation of, any provision of the code.

2. No cancellation under subsection 1 [shall be]is
effective until in the case of paragraph (a) of subsection 1 at least 10 days
and in the case of any other paragraph [(b)] of subsection 1 at least 30 days
after the [first class mailing or delivery of a
written] notice is delivered or mailed to
the policyholder.

687B.330 A policy issued for a term
longer than 1 year may be canceled by the insurer by giving notice [30 days prior to any anniversary date as provided in
subsection 1 of NRS 687B.340 for nonrenewals.]of the cancellation:

1. For commercial or
business policies, 60 days before any anniversary date of the policy.

2. For all other
policies, 30 days before any anniversary date of the policy.

Sec. 5. NRS 687B.340 is
hereby amended to read as follows:

687B.340 1. Subject to
subsection 2, a policyholder has a right to have his policy renewed, on the
terms then being applied by the insurer to persons, similarly situated, for an
additional period [of time]
equivalent to the expiring term if the agreed term is 1 year or less, or for 1
year if the agreed term is longer than 1 year, unless [at]:

(a) At least 60 days for
commercial or business policies; and

(b) At least 30
days [prior to]for all other policies,

before the date of expiration
provided in the policy the insurer mails [first
class] or delivers to him a notice of intention not to renew the
policy beyond the agreed expiration date. If an insurer
fails to provide a timely notice of nonrenewal, the insurer shall provide the
insured with a policy of insurance on the identical terms as in the expiring
policy.

2. This section does not apply if the
policyholder has accepted replacement coverage or has requested or agreed to
nonrenewal, or if the policy is expressly designated as nonrenewable by a
clause approved or deemed to be approved by the commissioner.

________

CHAPTER 428, AB 271

Assembly Bill No. 271Assemblyman
Nevin

CHAPTER 428

AN ACT relating to regional planning
commissions; revising provisions governing qualifications of members;
clarifying the division of responsibility between regional planning commissions
and city and county planning commissions; and providing other matters properly
relating thereto.

[Approved June 11, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 278.100 is
hereby amended to read as follows:

278.100 1. The ordinance
must specify the membership of the commission, which must consist of not less
than six members or more than 12 members.

2. The ordinance must provide that the
term of each member is 4 years, or until his successor
takes office, except that the terms of two of the members first appointed are 3
years, and the respective terms of two members first appointed are 1 and 2
years.

or until his successor takes office, except that the terms
of two of the members first appointed are 3 years, and the respective terms of
two members first appointed are 1 and 2 years. No more than one-third of the
members may hold any other public office. For the
purposes of this subsection, membership on the planning commission of a county
or city must not be considered holding a public office.

3. The governing body creating the
commission shall, by resolution, provide what compensation, if any, each of the
members shall receive for his services as a member, not to exceed $40 per
meeting or a total of $200 per month.

4. Members may be removed, after public
hearing, by a majority vote of the governing body, for inefficiency, neglect of
duty or malfeasance of office.

5. All appointments to fill vacancies
must be for the unexpired term.

Sec. 2. NRS 278.130 is
hereby amended to read as follows:

278.130 [Where]

1. If the
governing body of a city or county collaborates in the creation of a regional
planning commission and does not create a separate city or county planning
commission, the regional planning commission shall perform for the city or
county all the duties and functions delegated to a city or county planning
commission by the terms of NRS 278.010 to 278.630, inclusive.

2. If a regional
planning commission has duties and functions pursuant to NRS 278.010 to
278.630, inclusive, which parallel the duties and functions of a city or county
planning commission, the city or county planning commission has the
responsibility for making decisions pertaining to planning which have a local
effect, and the regional planning commission has the responsibility for making
decisions pertaining to planning which have a regional or intergovernmental
effect.

AN ACT relating to education; creating a
position in the department of education to coordinate the use of libraries and
related technical systems; and providing other matters properly relating
thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 385 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The position of
coordinator of the use of libraries and related technical systems is hereby
created. The superintendent of public instruction may:

(a) Assign the duties of
the coordinator to an employee of the department of education; or

(b) Appoint a
coordinator.

2. The coordinator
of the use of libraries and related technical systems shall:

(a) Coordinate the use of
public libraries by local school districts;

(b) Coordinate services
offered by the libraries in each school district;

(c) Advise school
districts on the proper use and management of libraries in the school districts
and the services offered by those libraries;

(d) In conjunction with
the state library and archives, coordinate the loan of materials and supplies
between libraries;

(e) Offer libraries assistance
in the automation of their access to and use of technical materials;

(f) Develop a library of
audiovisual software and software for computers for the use of school
libraries; and

(g) Offer technical
expertise to school libraries regarding such subjects as the new methods of
gathering and retaining information.

________

CHAPTER 430, SB 544

Senate Bill No. 544Senators
Redelsperger and Jacobsen

CHAPTER 430

AN ACT relating to search and rescue;
prohibiting interference with equipment or animals used by members of a search
and rescue organization in responding to an emergency; requiring cooperation
with members of such organizations in responding to an emergency; providing
penalties; and providing other matters properly relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 475 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A person who,
with intent to prevent or obstruct the response to an emergency, damages,
removes or hinders the operation of any vehicle, apparatus, equipment or animal
being used or which may be used in an emergency by a member of a search and
rescue organization, is guilty of a public offense, as prescribed in NRS
193.155, proportionate to the value of the loss resulting therefrom, but in no
event less than a misdemeanor.

2. As used in this
section, vehicle means any device in, upon, or by which any person or
property is or may be transported.

(a) Disobeys the lawful order of any peace
officer or fireman [;], or a member of a search and rescue organization who is under
the direction of the sheriff;

(b) Resists or interferes with any lawful effort
to extinguish the fire; or

(c) Engages in any conduct likely to interfere
with the extinguishment of the fire,

is guilty of a misdemeanor.

2. Every person who, at the scene of an
emergency, other than a fire, disobeys any of the lawful orders of a peace
officer or fireman, or a member of a search and rescue
organization who is under the direction of the sheriff, or resists or
interferes with the lawful efforts of any firemen or company of firemen , or members of a search and rescue organization who are under
the direction of the sheriff, to control or handle the emergency, or
conducts himself in a disorderly manner likely to interfere with the control or
handling thereof, or who forbids, prevents or dissuades others from assisting
to control or handle the emergency, is guilty of a misdemeanor.

________

CHAPTER 431, AB 437

Assembly Bill No. 437Committee
on Health and Welfare

CHAPTER 431

AN ACT relating to facilities for the
dependent; requiring the state board of health to adopt separate regulations
governing the licensing and operation of certain facilities for the dependent;
and providing other matters properly relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 449.037 is
hereby amended to read as follows:

449.037 1. The board shall
adopt:

(a) Licensing standards for each class of
medical facility or facility for the dependent covered by NRS 449.001 to
449.240, inclusive.

(b) Regulations governing the licensing of such
facilities.

(c) Such other regulations as it deems necessary
or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

3. The
board shall require that the practices and policies of each medical facility or
facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of
each person accommodated in the facility.

AN ACT relating to veterans cemeteries;
authorizing the Nevada commissioner and deputy commissioner for veteran affairs
to establish, operate and maintain veterans cemeteries; creating advisory
committees for veterans cemeteries in northern and southern Nevada; making an
appropriation for the acquisition and initial development of land for veterans
cemeteries in northern and southern Nevada; and providing other matters
properly relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 417 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6, inclusive, of this act.

Sec. 2. 1. The commissioner and the deputy commissioner
shall each establish, operate and maintain a veterans cemetery and may, within
the limits of legislative authorization, employ personnel and purchase
equipment and supplies necessary for the operation and maintenance of the
cemeteries.

2. Any person
desiring to provide voluntary services to further the establishment, maintenance
or operation of either of the cemeteries shall submit a written offer to the
commissioner for the cemetery in northern Nevada or to the deputy commissioner
for the cemetery in southern Nevada, which describes the nature of the
services. The commissioner or the deputy commissioner shall consider all such
offers and approve those he deems appropriate. The commissioner or deputy
commissioner shall coordinate the provision of all services so approved.

Sec. 3. 1. Any veteran who was eligible for interment in
a national cemetery under the provisions of 38 U.S.C. § 1002(1), (2), (3) and
(4), as that section existed on January 1, 1987, is eligible for interment in a
veterans cemetery in this state.

2. Any eligible
veteran, or a member of his immediate family, may apply for a plot in a
cemetery by submitting a request to the commissioner or deputy commissioner on
a form to be supplied by the commissioner or deputy commissioner. The
commissioner and the deputy commissioner shall assign available plots in the
order in which applications are received. No charge may be made for any plot or
for the interment of any veteran.

3. One member of
the immediate family of an eligible veteran may also be interred in the cemetery if the interment is in the same
plot.

be interred in the cemetery if the
interment is in the same plot. The commissioner or the deputy commissioner
shall charge a fee for the interment of a family member, but the fee may not
exceed the actual cost of interment.

4. As used in this
section, immediate family means the spouse, minor child or unmarried adult
child of an eligible veteran.

Sec. 4. 1. Money received by the commissioner or the
deputy commissioner from:

(a) Fees pursuant to
subsection 3 of section 3 of this act;

(b) Allowances for burial
from the Veterans Administration or the Social Security Administration;

(c) Appropriations made
by the legislature for veterans cemeteries; and

(d) Gifts of money or
proceeds derived from the sale of gifts of personal property he is authorized
to accept,

must be deposited with the state
treasurer for credit to the account for a veterans cemetery in northern Nevada
or the account for a veterans cemetery in southern Nevada, whichever is
appropriate, in the state general fund.

2. The interest
and income earned on the money in the accounts, after deducting any applicable
charges, must be credited to the accounts.

3. The money in
each account must only be used for the operation and maintenance of the
cemetery for which the account was created.

4. Gifts of
personal property which the commissioner or the deputy commissioner is
authorized to receive but which are not appropriate for conversion to money may
be used in kind.

Sec. 5. 1. There are hereby created the advisory committee
for a veterans cemetery in northern Nevada and the advisory committee for a
veterans cemetery in southern Nevada, each consisting of seven members as
follows:

(a) One member of the
senate, appointed by the majority leader of the senate.

(b) One member of the
assembly, appointed by the speaker of the assembly.

(c) Five members of
veterans organizations in this state, appointed by the governor.

2. The members of
the committees shall serve terms of 2 years and each committee shall annually
elect a chairman and a vice chairman from among its members. The committees
shall meet at least 4 times a year. Any legislative member of a committee who
is not a candidate for reelection or who is defeated for reelection continues
to serve until the convening of the next session of the legislature. The
members of the committees are not entitled to compensation or the payment of
per diem allowances and travel expenses while engaged in the work of the
committee.

3. The
commissioner and deputy commissioner shall each consult with the committee
regarding the establishment, maintenance and operation of the veterans
cemetery for which the committee was created.

Sec. 6. 1. There
is hereby appropriated from the state general fund to the Nevada commissioner
for veteran affairs the sum of $139,500 for the acquisition and initial development
of land for a veterans cemetery in northern Nevada.

2. There is hereby appropriated from the
state general fund to the Nevada commissioner for veterans affairs the sum of
$137,000 for the acquisition and initial development of land for a veterans
cemetery in southern Nevada.

3. The Nevada commissioner and deputy
commissioner for veteran affairs shall not expend, or allocate to another
agency for expenditure, money from the appropriations made by subsections 1 and
2 unless at least an equal amount is committed for expenditure by the Federal
Government to support that project.

Sec. 7. Any remaining
balance of the appropriations made by section 6 of this act must not be
committed for expenditure after June 30, 1989, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 8. This act becomes
effective upon passage and approval.

________

CHAPTER 433, SB 467

Senate Bill No. 467Human
Resources and Facilities

CHAPTER 433

AN ACT relating to education; creating the
commission on professional standards in education; authorizing the commission
to prescribe standards for licensing; requiring teachers and other educational
personnel in public schools to be licensed; authorizing the state board of
education to prescribe standards for and approve courses of study and training
for teachers and other educational personnel; and providing other matters
properly relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.014 is
hereby amended to read as follows:

385.014 When required, the attorney
general shall give his opinion in writing and without fee to the state board , [and] the
superintendent of public instruction and the commission
on professional standards in education on matters relating to the powers
and duties of the department.

Sec. 1.5. NRS 385.080 is
hereby amended to read as follows:

385.080 The state board may adopt
regulations [which are not inconsistent with the
constitution and laws of the State of Nevada] for its own
government and [which are proper or]as necessary for the execution of the powers and
duties conferred upon it by law . [except that:

1. Any change made
by the state board, by which the required scholarship,
training or experience for any certificate for teachers or other educational
personnel is increased, shall be announced when made and shall not be made
effective before 3 months from the date when the change is announced; and

scholarship, training or experience
for any certificate for teachers or other educational personnel is increased,
shall be announced when made and shall not be made effective before 3 months
from the date when the change is announced; and

2. Any such change
shall not be made to affect certificates then in force.]

Sec. 2. NRS 385.300 is
hereby amended to read as follows:

385.300 1. The
superintendent of public instruction may appoint a deputy superintendent for
administrative and fiscal services.

2. The deputy superintendent for
administrative and fiscal services must:

(a) Be a graduate of a 4-year accredited college
or university.

(b) Have familiarity with the field of
education, as evidenced by:

(1) Sufficient college credits in
education to qualify for a [Nevada high school
teachers certificate;]license to teach
in a high school in this state; or

(2) Participation in recognized
educational research and study.

(c) Have familiarity with the general field of
public administration and budgeting, as evidenced by:

(1) Sufficient college credits to qualify
for a minor in public administration, government management or business
management; or

(2) Experience in the preparation of [government budgets, government accounting or
government research.]governmental budgets
or in governmental accounting or research.

3. No person may be appointed to the
position of deputy superintendent for administrative and fiscal services unless
he has the qualifications outlined in subsection 2.

Sec. 3. NRS 387.1211 is
hereby amended to read as follows:

387.1211 As used in NRS 387.121 to
387.126, inclusive:

1. Average daily attendancehighest 3
months means the average daily attendance of pupils enrolled in programs of
instruction of a school district during the 3 months of highest average daily
attendance of the school year.

2. Enrollment means the count of pupils
enrolled in and scheduled to attend programs of instruction of a school
district at a specified time during the school year.

3. Special education program unit means
an organized instructional unit which includes full-time services of [certificated personnel]persons licensed by the superintendent of public instruction
providing a program of instruction in accordance with minimum standards
prescribed by the state board.

Sec. 4. Chapter 391 of NRS is
hereby amended by adding thereto the provisions set forth as sections 5 to
15.5, inclusive, of this act.

Sec. 5. As used in this chapter unless the context otherwise requires,
commission means the commission on professional standards in education.

Sec. 6. 1. The commission on professional standards in education,
consisting of nine members appointed by the governor, is hereby created.

2. Four members of
the commission must be teachers who teach in the classroom as follows:

(a) One who teaches in a
secondary school.

(b) One who teaches in a
middle school or junior high school.

(c) One who teaches in an
elementary school.

(d) One who teaches
special education.

3. The remaining
members of the commission must include:

(a) One counselor or
psychologist employed by a school district.

(b) Two administrators of
schools, at least one of whom must be a principal of a school.

(c) The dean of the
College of Education at either of the universities in the University of Nevada
System.

(d) One member who is a
member of the state board of education.

4. The
appointments of a counselor, the administrators and three of the four teachers
must be made from a list of names of at least three persons for each position
that is submitted to the governor:

(a) For the counselor and
teachers, by an employee organization representing the majority of counselors
and the majority of teachers in Nevada who teach in the educational level from
which the appointment is being made; or

(b) For administrators,
by an organization of administrators for schools in which the majority of
administrators of schools in this state have membership.

5. One member of
the commission who is a teacher, administrator, counselor or psychologist must
be employed by a private school licensed pursuant to chapter 394 of NRS.

Sec. 7. No member of the commission who is a teacher, counselor,
administrator or representative of the general public may serve more than two
terms.

Sec. 8. 1. The commission shall elect one of its members
as president, to serve at the pleasure of the commission.

2. The
superintendent of public instruction or his designee shall serve as the
nonvoting secretary to the commission. The secretary shall coordinate the
activities of the commission.

Sec. 9. 1. The commission may meet at least once each
month.

2. A majority of
the commission constitutes a quorum for the transaction of business.

3. The members of
the commission are entitled to the travel expenses and subsistence allowances
provided by law for state officers and employees generally while attending
meetings of the commission.

Sec. 10. 1. Except as otherwise provided in section 11.5
of the act, the commission:

(a) Shall adopt
regulations prescribing the qualifications for licensing teachers and other
educational personnel and the procedures for the issuance and renewal of such
licenses.

(b) May adopt such other
regulations as it deems necessary for its own government or to carry out its
duties.

2. Any regulation
which increases the amount of education, training or experience required for
licensing:

(a) Must, in addition to
the requirements for publication in chapter 233B of NRS, be publicized before
its adoption in a manner reasonably calculated to inform those persons affected
by the change.

(b) Must not become
effective until at least 1 year after the date it is adopted by the commission.

(c) Is not applicable to
a license in effect on the date the regulation becomes effective.

Sec. 11. Except as otherwise provided in section 11.5 of this act, the
commission shall adopt regulations governing examinations for the initial
licensing of teachers and other educational personnel. The examinations must
test the ability of the applicant to teach and his knowledge of each specific
subject he proposes to teach. Each examination must include the following
subjects:

1. The laws of
Nevada relating to schools;

2. The
constitution of the State of Nevada; and

3. The
Constitution of the United States.

Sec. 11.5. 1. The state board may disapprove any regulation
adopted by the commission if the regulation:

(a) Threatens the
efficient operation of the public schools in this state; or

(b) Creates an undue
financial hardship for any teacher, administrator or other educational
personnel or any county school district.

2. A regulation
shall be deemed approved if the state board does not disapprove the regulation
within 90 days after it is adopted by the commission.

Sec. 12. 1. The personnel necessary to enable the
commission to carry out its duties must be provided by the department.

2. The offices for
the commission may be located in the same building as the offices of the
department.

Sec. 13. The purpose of licensing teachers and other educational
personnel is to protect the general welfare of the people of this state. Any
license issued by the superintendent of public instruction is a revocable
privilege and no holder of such a license acquires thereby any vested right.

Sec. 14. 1. The state board shall prescribe by regulation
the standards for approval of a course of study or training offered by an
educational institution to qualify a person to be a teacher or administrator or
to perform other educational functions.

2. Every applicant
for a license as a teacher or administrator or to perform some other
educational function must submit with his application, in the form prescribed
by the superintendent of public instruction, proof that he has satisfactorily
completed a course of study and training approved by the state board.

Sec. 15. 1. The state board shall review and evaluate a
course of study and training offered by an educational institution to qualify a
person to be a teacher or administrator or to perform some other educational
function. If the course of study and training
meets the requirements established by the state board, it must be approved by
the state board.

the course of study and training
meets the requirements established by the state board, it must be approved by
the state board.

2. The state board
may review and evaluate such courses of study and training itself or may
recognize a course of study and training approved by a national agency for
accreditation acceptable to the board.

3. If the state
board denies or withdraws its approval of a course of study or training, the
educational institution is entitled to a hearing and judicial review of the
decision of the state board.

Sec. 15.5. If charges are brought against a teacher, administrator or
other educational personnel for the suspension or revocation of his license and
the state board of education determines that there is not sufficient evidence
to suspend or revoke the license, the complaint and any related documents must
not be made a part of that persons permanent employment record.

Sec. 16. NRS 391.010 is
hereby amended to read as follows:

391.010 [1.]
There are the following kinds of [certificates]licenses for teachers and other educational
personnel in this state:

[(a) Elementary
certificates.

(b) Secondary
certificates.

(c) Special certificates.

2. An elementary
certificate]

1. A license to
teach elementary education, which authorizes the holder to teach in any
elementary school in the state.

[3. A
secondary certificate]

2. A license to
teach secondary education, which authorizes the holder to teach in his
major or minor field of preparation or in both fields in any secondary school.
He may teach only in these fields unless an exception is approved [in a manner provided by regulations of the state board
of education.

4. A special
certificate]pursuant to regulations
adopted by the commission.

3. A special
license, which authorizes the holder to teach or perform other
educational functions in a school or program as designated in the [certificate.]license.

Sec. 17. NRS 391.020 is
hereby amended to read as follows:

391.020 1. All [certificates]licenses
for teachers and other educational personnel are granted by the superintendent
of public instruction [. He may issue
certificates to all qualified persons under the regulations of the state board
of education.]pursuant to regulations
adopted by the commission and as otherwise provided by law.

2. Every applicant for a [certificate]license
shall submit with his application a complete set of his fingerprints and written
permission authorizing the superintendent to forward [such]the fingerprints to the Federal Bureau of
Investigation for its report. The superintendent may issue a provisional [certificate]license
pending receipt of such a report if he determines
that the applicant is otherwise qualified.

3. Upon receipt of the report referred to
in subsection 2 and a determination by the superintendent that the applicant is
qualified, a [certificate]license must be issued to the applicant.

Sec. 18. NRS 391.035 is
hereby amended to read as follows:

391.035 1. An application to
the superintendent of public instruction for [certification]a license as a teacher or to
perform other educational [employee]functions and all documents in the departments
file relating to the application, including:

(a) The applicants health records;

(b) His fingerprints and any report from the
Federal Bureau of Investigation;

(c) Transcripts of his record at colleges or
other educational institutions;

(d) His scores on the [state]
examinations administered pursuant to [NRS
385.090;]the regulations adopted by the
commission;

(e) Any
correspondence concerning the application; and

(f) Any other personal information,

are confidential.

2. It is unlawful [for
the department] to disclose or release the information in [such] an application or any related
document except pursuant to the applicants written authorization.

3. The department shall, upon request,
make available the applicants file for his inspection during regular business
hours.

Sec. 19. NRS 391.040 is
hereby amended to read as follows:

391.040 1. The [state board of education]commission may fix fees of not less than [$3]$25
for the issuance and renewal of [certificates.
Fees]a license. The fee for
issuing a duplicate [certificates
are]license is the same as for
issuing the [originals.]original.

2. The portion of each fee which
represents the amount charged by the Federal Bureau of Investigation for
processing the fingerprints of the applicant must be deposited with the state
treasurer for credit to the appropriate account of the department of education.
The remaining portion of the money received from the fees must be paid into the
state general fund.

Sec. 20. NRS 391.045 is
hereby amended to read as follows:

391.045 The superintendent of public instruction
shall file with the clerk of the board of trustees of each local school
district a directory of all teachers and other educational personnel who hold [certificates]licenses
entitling them to draw salaries from the county school district fund, and shall
advise the clerk from time to time of any changes or additions to the
directory.

Sec. 21. NRS 391.060 is
hereby amended to read as follows:

391.060 1. Except as otherwise provided in NRS 391.070, it is unlawful for:

(a) The superintendent of public instruction to
issue a [certificate]license to, or a board of trustees of a school district
to employ, any teacher, instructor, principal or superintendent of schools who
is not a citizen of the United States or a person who has
filed a valid declaration to become a citizen or valid petition for
naturalization, or who is not a lawful permanent resident of the United States.

United States or a person who has filed a valid declaration
to become a citizen or valid petition for naturalization, or who is not a
lawful permanent resident of the United States.

(b) The state controller or any county auditor
to issue any warrant to any teacher, instructor, principal or superintendent of
schools who is not a citizen of the United States or a person who has filed a
valid declaration to become a citizen or valid petition for naturalization, or
who is not a lawful permanent resident of the United States.

2. Any person who violates any of the
provisions of this section is guilty of a misdemeanor.

Sec. 22. NRS 391.080 is
hereby amended to read as follows:

391.080 1. Each teacher or
other [certificated]licensed employee employed in this state whose
compensation is payable out of public money, except teachers employed pursuant
to the provisions of NRS 391.070, must take and subscribe to the constitutional
oath of office before entering upon the discharge of his duties.

2. The oath of office, when taken and
subscribed, must be filed with the department of education.

3. The superintendent of public
instruction, his deputy superintendents and other members of the professional
staff of the department designated by the superintendent, members of boards of
trustees of school districts, superintendents of schools, principals of schools
and notaries public may administer the oath of office to teachers and other [certificated]licensed
employees.

Sec. 23. NRS 391.090 is
hereby amended to read as follows:

391.090 1. Any person who
is:

(a) Granted a [certificate]license to teach or perform other [education]educational
functions in the public schools of Nevada [;], in the school conducted at the Nevada youth training
center or the Nevada girls training center or for any program of instruction
for kindergarten or grades 1 to 12, inclusive, conducted at any correctional
institution in the department of prisons; or

(b) Charged with the duty at the Nevada youth
training center or the Nevada girls training center of giving instruction in
the Constitution of the United States and the constitution of the State of
Nevada,

must show, by examination or credentials showing college,
university or normal school study, satisfactory evidence of adequate knowledge
of the origin, history, provisions and principles of the Constitution of the
United States and the constitution of the State of Nevada.

2. The [superintendent
of public instruction]commission
may grant a reasonable time for compliance with the terms of this section.

Sec. 24. NRS 391.095 is
hereby amended to read as follows:

391.095 A school district may enter into
an agreement with a division of the University of Nevada System for the
assignment of university students for training purposes as student teachers,
counselors or [library trainees,]trainees in a library, or for experience
in a teaching laboratory .

[experiences.]
University students so assigned within the school district for training
purposes [are authorized,]may, under the direction and supervision of a [certificated teacher, to]licensed teacher, instruct and supervise children in
the school, on the school grounds or on authorized field trips. The university
students so assigned [shall be considered]are employees of the school district for purposes
of NRS 41.038 and 41.039, while performing such authorized duties, whether or
not [such]the
duties are performed entirely in the presence of the [certificated]licensed teacher.

Sec. 25. NRS 391.100 is
hereby amended to read as follows:

391.100 1. The board of
trustees of a school district may employ a superintendent of schools, teachers
and all other necessary employees.

2. The board of trustees of a school
district:

(a) May employ teacher aides and other
auxiliary, nonprofessional personnel to assist [certificated]licensed personnel in the instruction or
supervision of children, either in the classroom or at any other place in the
school or on the grounds thereof. The [noncertificated]
personnel who are not licensed must be directly
supervised by [certificated]licensed personnel in all duties which are
instructional in nature but may perform duties which are not primarily
instructional in nature without a [certificated]licensed person in attendance.

3. Each applicant for employment pursuant
to this section, except a teacher [certificated
by the state board of education,]or other
person licensed by the superintendent of public instruction, must, as a
condition to employment, submit to the school district a full set of his
fingerprints and written permission authorizing the school district to forward
the fingerprints to the Federal Bureau of Investigation for its report.

4. The board of trustees of a school
district may employ or appoint persons to serve as security officers who have
the powers of peace officers.

Sec. 26. NRS 391.110 is
hereby amended to read as follows:

391.110 1. The board of
trustees of a school district may:

(a) Employ any person [certificated]licensed for the position of administrator to
serve as the superintendent of schools of the school district. The [state board of education]commission may require the superintendent of any school
district to hold a masters degree.

(b) Define his powers and fix his duties.

(c) Fix his salary.

2. No superintendent of schools may be
employed for more than a term of 1 year unless he has first served 2 years
satisfactorily as a [certificated]licensed teacher or administrator in the school
district. If he has served 2 years satisfactorily in the school district as a [certificated]licensed
teacher or administrator he may be employed for a term of not to exceed 4
years.

3. A superintendent of schools may be dismissed
at any time for cause.

4. A superintendent of schools may
administer oaths or affirmations relating to public schools.

391.120 1. Boards of
trustees of the school districts in this state may employ legally qualified
teachers and other [certificated]licensed personnel and may determine their salaries and
the length of the term of school for which they are employed. These conditions
and any other conditions agreed upon by the parties [shall]must be embodied in a written contract, or notice
of reemployment, to be approved by the board of trustees and accepted and
signed by the employee. A copy of the contract or notice of reemployment,
properly written, must be delivered to each teacher or other [certificated]licensed
employee not later than the opening of the term of school.

2. A board of trustees may not employ
teachers or other [certificated]licensed personnel for any school year commencing after
the expiration of the time for which any member of the board of trustees was
elected or appointed.

3. It is unlawful for the board of
trustees of any school district to employ any teacher who is not legally
qualified to teach all the grades which the teacher is engaged to teach.

4. Notice of the employment of a person
as a teacher or other [certificated]licensed employee must be given to the department
in the form prescribed by the superintendent of public instruction before the
employee may start to perform under the terms of the contract.

Sec. 28. NRS 391.170 is
hereby amended to read as follows:

391.170 A teacher or other employee for
whom [certification]a license is required is not entitled to receive any
portion of public [school] money for schools as compensation for services rendered
unless:

1. He is legally employed by the board of
trustees of the school district in which he is teaching or performing other
educational functions.

2. He has a [certificate]license authorizing him to teach or perform other
educational functions at the level and in the field for which he is employed,
issued in accordance with law and in full force at the time the services are
rendered.

Sec. 29. NRS 391.180 is
hereby amended to read as follows:

391.180 1. As used in this
section, employee means [a certificated or
noncertificated]any employee of a
school district in this state.

2. A school month in any public school in
this state consists of 4 weeks of 5 days each.

3. Nothing contained in this section
prohibits the payment of employees compensation in 12 equal monthly payments
for 9 or more months work.

4. The per diem deduction from the salary
of an employee because of absence from service for reasons other than those
specified in this section is that proportion of the yearly salary which is
determined by the ratio between the duration of the absence and the total
number of contracted work days in the year.

5. Boards of trustees shall either
prescribe by regulation or negotiate pursuant to the Local Government
Employee-Management Relations Act, with respect to sick leave, accumulation of
sick leave, payment for unused sick leave, sabbatical
leave, personal leave, professional leave, military leave and such other leave
as they determine to be necessary or desirable for employees.

sick leave, sabbatical leave, personal leave, professional
leave, military leave and such other leave as they determine to be necessary or
desirable for employees. If any subject specified in this subsection is
included in a negotiated agreement, the terms of the agreement [shall] govern in case of a conflict with
regulations prescribed by the board.

6. The salary of any employee unavoidably
absent because of personal illness or accident, or because of serious illness,
accident or death in the family, may be paid up to the number of days of sick
leave accumulated by the individual employee. An employee [shall]may
not be credited with more than 15 days of sick leave in any 1 school year.
Accumulated sick leave up to a maximum of 30 days may be transferred from one
school district to another.

7. Subject to the provisions of
subsection 8:

(a) When an intermission of less than 6 days is
ordered by the board of trustees for any good reason, no deduction of salary [shall]may
be made therefor.

(b) When on account of sickness, epidemic or
other emergency in the community, a longer intermission is ordered by the board
of trustees or by a [duly constituted]
board of health and [such]the intermission or closing does not exceed 30 days at
any one time, there [shall]may be no deduction or discontinuance of salaries.

8. If the board of trustees orders an
extension of the number of days of school to compensate for the days lost as
the result of an intermission because of those reasons contained in paragraph
(b) of subsection 7, an employee may be required to render his services to the
school district during [such compensatory
extension]that extended period. If
the salary of the employee was continued during the period of intermission as
provided in subsection 7, the employee is not entitled to additional
compensation for services rendered during the [compensatory
extension]extended period.

Sec. 30. NRS 391.200 is
hereby amended to read as follows:

391.200 The salaries of the teachers and
other [certificated]licensed personnel in a school district as determined
by the contracts between the teachers and other [certificated]licensed employees and the board of trustees are
prior claims upon the school district fund.

Sec. 31. NRS 391.210 is
hereby amended to read as follows:

391.210 The board of trustees of a school
district may direct the administrators, principals, teachers and other [certificated]licensed
personnel employed by them to exercise such powers and authority in the schools
as the board of trustees has under this Title of NRS.

Sec. 32. NRS 391.230 is
hereby amended to read as follows:

391.230 1. Upon the opening
of any public school in this state, every teacher and other [certificated employee therein]licensed employee employed for that school shall file
with the superintendent of the county school district a Nevada [certificate]license
entitling the holder to teach or perform other educational functions in the
school in which he will be employed, and any other report that the
superintendent of public instruction requires.

2. The superintendent of the county
school district shall acknowledge the receipt of each [certificate]license and shall make a proper record thereof in
his office. The [certificate shall]license must remain on file and [shall] be safely kept in the office of
the superintendent of the county school district.

Sec. 33. NRS 391.280 is
hereby amended to read as follows:

391.280 Every teacher or other [certificated]licensed
employee, without loss of salary for the time employed, shall attend the
educational conferences held in the school district in which he is employed
unless excused for good cause by the superintendent of schools of the district.

Sec. 34. NRS 391.285 is
hereby amended to read as follows:

391.285 The superintendent of public
instruction may suspend, for a time not to exceed 1 year, the [certificate]license
of any teacher or other [certificated]licensed employee who has an unexcused absence
from any education conference he is required to attend.

Sec. 35. NRS 391.311 is
hereby amended to read as follows:

391.311 As used in NRS 391.3115 to
391.3197, inclusive, unless the context otherwise requires:

1. Administrator means any employee who
holds a [certificate]license as an administrator and who is employed in that
capacity by a school district.

2. Board means the board of trustees of
the school district in which a [certificated]licensed employee affected by NRS 391.311 to
391.3197, inclusive, is employed.

3. Demotion means demotion of an
administrator to a position of lesser rank, responsibility or pay and does not
include transfer or reassignment for purposes of an administrative
reorganization.

5. Postprobationary employee means an
administrator or a teacher who has completed the probationary period as
provided in NRS 391.3197 and has been given notice of reemployment.

6. Probationary employee means an
administrator or a teacher who is employed for the period set forth in NRS
391.3197.

7. Superintendent means the
superintendent of a school district or a person designated by the board or
superintendent to act as superintendent during the absence of the
superintendent.

8. Teacher means a [certificated]licensed
employee the majority of whose working time is devoted to the rendering of
direct educational service to pupils of a school district.

Sec. 36. NRS 391.3115 is
hereby amended to read as follows:

391.3115 1. The demotion,
suspension, dismissal and nonreemployment provisions of NRS 391.311 to
391.3197, inclusive, do not apply to:

(a) Substitute teachers; or

(b) Adult education teachers.

2. A [certificated]licensed employee who is employed in a position
fully funded by a federal or private categorical grant or
to replace another [certificated] licensed employee during that employees
leave of absence is employed only for the duration of the grant or leave.

funded by a federal or private categorical grant or to
replace another [certificated]licensed employee during that employees leave of
absence is employed only for the duration of the grant or leave. Such a [certificated]licensed
employee and [certificated]licensed employees who are employed on temporary
contracts for 90 school days or less to replace [certificated]licensed employees who employment has terminated
after the beginning of the school year are entitled to credit for that time in
fulfilling any period of probation and during that time the provisions of NRS
391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to
them.

Sec. 37. NRS 391.3116 is
hereby amended to read as follows:

391.3116 The provisions of NRS 391.311 to
391.3197, inclusive, do not apply to a teacher, administrator, or other [certificated]licensed
employee who has entered into a contract with the board negotiated pursuant to
chapter 288 of NRS if the contract contains separate provisions relating to the
boards right to dismiss or refuse to reemploy the employee or demote an
administrator.

Sec. 38. NRS 391.312 is
hereby amended to read as follows:

391.312 1. A teacher may be
suspended, dismissed or not reemployed and an administrator may be demoted,
suspended, dismissed or not reemployed for the following reasons:

(a) Inefficiency;

(b) Immorality;

(c) Unprofessional conduct;

(d) Insubordination;

(e) Neglect of duty;

(f) Physical or mental incapacity;

(g) A justifiable decrease in the number of
positions due to decreased enrollment or district reorganization;

(h) Conviction of a felony or of a crime
involving moral turpitude;

(i) Inadequate performance;

(j) Evident unfitness for service;

(k) Failure to comply with such reasonable
requirements as a board may prescribe;

(l) Failure to show normal improvement and
evidence of professional training and growth;

(m) Advocating overthrow of the Government of
the United States or of the State of Nevada by force, violence or other
unlawful means, or the advocating or teaching of communism with the intent to
indoctrinate pupils to subscribe to communistic philosophy;

(n) Any cause which constitutes grounds for the
revocation of a teachers [state certificate;]license;

(o) Willful neglect or failure to observe and
carry out the requirements of this Title; or

(p) Dishonesty.

2. In determining whether the
professional performance of a [certificated]licensed employee is inadequate, consideration [shall]must
be given to the regular and special evaluation reports
prepared in accordance with the policy of the employing school district and to
any written standards of performance which may have been adopted by the board.

given to the regular and special evaluation reports prepared
in accordance with the policy of the employing school district and to any
written standards of performance which may have been adopted by the board.

Sec. 39. NRS 391.3125 is
hereby amended to read as follows:

391.3125 1. It is the intent
of the legislature that a uniform system be developed for objective evaluation
of teachers and other [certificated]licensed personnel in each school district.

2. Each board, following consultation
with and involvement of elected representatives of the teachers or their designees,
shall develop a policy for objective evaluations in narrative form. The policy
must set forth a means according to which an employees over-all performance
may be determined to be satisfactory or unsatisfactory. The policy may include
an evaluation by the teacher, pupils, administrators or other teachers or any
combination thereof. In like manner, counselors, librarians and other [certificated]licensed
personnel must be evaluated on forms developed specifically for their
respective specialties. A copy of the policy adopted by the board must be filed
with the department.

3. A conference and a written evaluation
for a probationary employee must be concluded no later than:

(a) November 1;

(b) January 1;

(c) March 1; and

(d) April 15,

of the school year, except that a probationary employee
assigned to a school that operated all year must be evaluated at least 4 times
during each 12 months of employment on a schedule determine by the board.

4. Whenever an administrator charged with
the evaluation of a probationary employee believes the employee will not be
reemployed for the next school year, he shall bring the matter to the
employees attention in a written document which is separate from the
evaluation no later than the third required evaluation. The notice must include
the reasons for the potential decision not to reemploy or refer to the
evaluation in which the reasons are stated. Such a notice is not required if
the probationary employee has received a letter of admonition during the
current school year.

5. Each postprobationary teacher must be
evaluated at least once each year.

6. The evaluation of a probationary
teacher or a postprobationary teacher must, if necessary, include
recommendations for improvements in his performance. A reasonable effort must
be made to assist the teacher to correct any deficiencies noted in the
evaluation. The teacher must receive a copy of each evaluation not later than
15 days after the evaluation. A copy of the evaluation and the teachers
response must be permanently attached to the teachers personnel file.

Sec. 40. NRS 391.3127 is
hereby amended to read as follows:

391.3127 1. Each board,
following consultation with and involvement of elected representatives of
administrative personnel or their designated representatives,
shall develop an objective policy for the objective evaluation of
administrators in narrative form.

representatives, shall develop an objective policy for the
objective evaluation of administrators in narrative form. The policy must set
forth a means according to which an administrators over-all performance may be
determined to be satisfactory or unsatisfactory. The policy may include an
evaluation by the administrator, superintendent, pupils or other administrators
or any combination thereof. A copy of the policy adopted by the board must be
filed with the department [.]and made available to the commission.

2. Each administrator must be evaluated
in writing at least once a year.

3. Before a superintendent transfers or
assigns an administrator to another administrative position as part of an
administrative reorganization, if the transfer or reassignment is to a position
of lower rank, responsibility or pay, he shall give written notice of the
proposed transfer or assignment to the administrator at least 30 days before
the date on which it is to be effective. The administrator may appeal the
decision of the superintendent to the board by requesting a hearing in writing
to the president of the board within 5 days after receiving the notice from the
superintendent. The board shall hear the matter within 10 days after the
president receives the request, and shall render its decision within 5 days
after the hearing. The decision of the board is final.

Sec. 41. NRS 391.313 is
hereby amended to read as follows:

391.313 1. Whenever an
administrator charged with supervision of a [certificated]licensed employee believes it is necessary to
admonish the employee for a reason that he believes may lead to demotion,
dismissal or cause the employee not to be reemployed under the provisions of
NRS 391.312, he shall:

(a) Except as otherwise provided in subsection
2, bring the matter to the attention of the employee involved, in writing,
stating the reasons for the admonition and that it may lead to his demotion,
dismissal or a refusal to reemploy him, and make a reasonable effort to assist
the employee to correct whatever appears to be the cause for his potential demotion,
dismissal or a potential recommendation not to reemploy him; and

(b) Except as otherwise provided in NRS 391.314,
allow reasonable time for improvement, which must not exceed 3 months for the
first admonition.

An admonition issued to a [certificated]licensed employee who, within the time granted
for improvement, has met the standards set for him by the administrator who
issued the admonition must be removed from the records of the employee together
with all notations and indications of its having been issued. The admonition
must be removed from the records of the employee not later than 3 years after
it is issued.

2. An administrator need not admonish an
employee pursuant to paragraph (a) of subsection 1 if his employment will be
terminated pursuant to paragraph (d) of subsection 1 of NRS 391.31963 or
391.3197. If a probationary employee does not receive a notice pursuant to
subsection 4 of NRS 391.3125 by the third evaluation, then he must receive an
admonition before the decision is made not to reemploy him.

3. A [certificated]licensed employee is subject to immediate
dismissal or a refusal to reemploy according to the procedures provided in NRS
391.311 to 391.3197, inclusive, without the admonition required by this
section, on grounds contained in paragraphs (b), (f), (g), (h) and (p) of
subsection 1 of NRS 391.312.

Sec. 42. NRS 391.314 is
hereby amended to read as follows:

391.314 1. [Whenever]If
a superintendent has reason to believe that cause exists for the dismissal of a
[certificated]licensed employee and [when]
he is of the opinion that the immediate suspension of the employee is necessary
in the best interests of the [children]pupils in the district, the superintendent may
suspend the employee without notice and without a hearing. Notwithstanding the
provisions of NRS 391.312, a superintendent may suspend a [certificated]licensed
employee who has been officially charged but not yet convicted of a felony or a
crime involving moral turpitude or immorality. If the charge is dismissed or if
the employee is found not guilty, he must be reinstated with back pay, plus
interest, and normal seniority. The superintendent shall notify the employee in
writing of the suspension.

2. Within 10 days after a suspension
becomes effective, the superintendent shall begin proceedings pursuant to the
provisions of NRS 391.312 to 391.3196, inclusive, to effect the employees
dismissal. The superintendent may recommend that an employee who has been
charged with a felony or a crime involving immorality be dismissed for another
ground set forth in NRS 391.312.

3. If sufficient grounds for dismissal do
not exist, the employee must be reinstated with full compensation, plus
interest.

4. A [certificated]licensed employee who furnishes to the school
district a bond or other security which is acceptable to the board as a
guarantee that he will repay any amounts paid to him as salary during a period
of suspension may continue to receive his salary from the time his suspension
is effective until the decision of the board or the report of the hearing
officer, if the report is final and binding. An employee who receives salary
pursuant to this section shall repay it if he is dismissed or not reemployed as
a result of a decision of the board or a report of a hearing officer.

5. A [certificated]licensed employee who is convicted of a crime
which requires registration as a sex offender pursuant to NRS 207.151 or
convicted of an act forbidden by NRS 200.508, 201.190, 201.265 or 207.260
forfeits all rights of employment from the date of his arrest.

6. A [certificated]licensed employee who is convicted of any crime
and who is sentenced to and serves any sentence of imprisonment forfeits all
rights of employment from the date of his arrest or the date on which his
employment terminated, whichever is later.

7. A [certificated]licensed employee who is charged with a felony or
a crime involving immorality or moral turpitude and who waives his right to a
speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty
or the charges are dismissed, unless proceedings have been begun to dismiss the
employee upon one of the other grounds set forth in NRS 391.312.

pay and seniority upon reinstatement if he is found not
guilty or the charges are dismissed, unless proceedings have been begun to
dismiss the employee upon one of the other grounds set forth in NRS 391.312.

8. A superintendent may discipline a [certificated]licensed
employee by suspending the employee with loss of pay at any time after a
hearing has been held which affords the due process provided for in this
chapter. The grounds for suspension are the same as the grounds contained in
NRS 391.312. An employee may be suspended more than once during the employees
contract year, but the total number of days of suspension may not exceed 20 in
1 contract year. Unless circumstances require otherwise, the suspensions must
be progressively longer.

Sec. 43. NRS 391.317 is
hereby amended to read as follows:

391.317 1. Except as
otherwise provided in NRS 391.31963, at least 15 days before recommending to a
board that it demote, dismiss or not reemploy a postprobationary employee, or
dismiss or demote a probationary employee, the superintendent shall give
written notice to the employee, by registered or certified mail, of his
intention to make the recommendation.

2. The notice must:

(a) Inform the [certificated]licensed employee of the grounds for the
recommendation.

(b) Inform the employee that, if a written
request therefor is directed to the superintendent within 10 days after receipt
of the notice, the employee is entitled to a hearing before a hearing officer.

(c) Inform the employee that he may request
appointment of a hearing officer from a list provided by the American
Arbitration Association and that one will be appointed if the superintendent
agrees in writing.

(d) Refer to chapter 391 of NRS.

Sec. 44. NRS 391.3191 is
hereby amended to read as follows:

391.3191 1. Each request for
appointment of a person from the list of hearing officers to serve as a hearing
officer [shall]must be submitted to the superintendent of public
instruction.

2. The [certificated]licensed employee and the superintendent may each
challenge not more than five members of the list of hearing officers, and the
superintendent of public instruction shall not appoint any challenged person.

Sec. 45. NRS 391.31915 is
hereby amended to read as follows:

391.31915 1. Within 10 days
after he receives a request for a hearing, the superintendent of public
instruction shall designate seven attorneys from the list of hearing officers.

2. After designation of the attorneys,
the [certificated]licensed employee and superintendent shall challenge
peremptorily one of the seven at a time, alternately, until only one remains,
who shall serve as hearing officer for the hearing. The superintendent and [certificated]licensed
employee shall draw lots to determine first choice to exercise a challenge.

3. The state board shall prescribe
procedures for exercising challenges to the hearing officer and set time limits
in which the challenges may be exercised by the [certificated]licensed employee and superintendent.

391.3192 1. As soon as
possible after the time of his designation, the hearing officer shall hold a
hearing to determine whether the grounds for the recommendation are
substantiated.

2. The superintendent of public
instruction shall furnish the hearing officer with any assistance which is
reasonably required to conduct the hearing, and the hearing officer may require
witnesses to give testimony under oath and produce evidence relevant to the
investigation.

3. The [certificated]licensed employee and superintendent are entitled
to be heard, to be represented by an attorney and to call witnesses in their
behalf.

4. The hearing officer is entitled to be
reimbursed for his reasonable actual expenses and to receive compensation for
actual time served at a rate of $60 per hour.

5. If requested by the hearing officer,
an official transcript must be made.

6. The board and the [certificated]licensed
employee are equally responsible for the expense of and compensation for the
hearing officer and the expense of the official transcript.

7. The state board shall develop a set of
uniform standards and procedures to be used in such a hearing. The technical
rules of evidence do not apply to this hearing.

Sec. 47. NRS 391.31925 is
hereby amended to read as follows:

391.31925 The [certificated]licensed employee or a witness at a hearing under
NRS 391.311 to 391.3196, inclusive, who is a handicapped person as defined in
NRS 50.050, is entitled to the services of an interpreter at public expense,
subject to the provisions of NRS 50.052 and 50.053. The interpreter must be
appointed by the hearing officer.

Sec. 48. NRS 391.3193 is
hereby amended to read as follows:

391.3193 1. Except as otherwise provided in subsection 3, within 30 days [from]after
the time of [the]his designation, the hearing officer shall complete the
hearing and shall prepare and file a written report with the superintendent and
the [certificated]licensed employee involved not later than 15 days [following]after
the conclusion of the hearing.

2. The report [shall]must contain an outline of the scope of the
hearing , findings of fact and conclusions of
law, and recommend a course of action to be taken by the board. The report of
the hearing officer is final and binding on the employee and the board if the
employee and the superintendent have so agreed before the selection of the hearing
officer was begun.

3. If it appears that the report cannot
be prepared within 15 days, the [certificated]licensed employee and the superintendent shall be
so notified before the end of that period, and the hearing officer may take the
time necessary not exceeding 30 days following the conclusion of the hearing to
file the written report and recommendation.

4. The [certificated]licensed employee and the superintendent or his
designee may mutually agree to waive any of the time limits applicable to the
hearing procedure.

Sec. 49. NRS 391.3194 is
hereby amended to read as follows:

391.3194 1. Within 5 days
after the superintendent receives the report of the hearing officer he shall
either withdraw the recommendation to demote, dismiss or not reemploy the [certificated]licensed
employee or file his recommendation with the board.

2. Within 15 days after the receipt of
the recommendation of the superintendent, the board shall either accept or
reject the hearing officers recommendation and notify the [certificated]licensed
employee in writing of its decision.

3. The board may, [prior
to]before making a decision, refer
the report back to the hearing officer for further evidence and
recommendations. [The]Within 15 days after the report is referred to him, the
hearing officer shall [have 15 days to]
complete the report and file it with the board and mail a copy to the
superintendent and [certificated]licensed employee.

4. The [certificated]licensed employee may appeal the decision to a
district court within the time limits and in the manner provided by law for
appeals of administrative decisions of state agencies. If the report of the
hearing officer is final and binding, the employee or the board may request
judicial review of the report pursuant to NRS 38.145 or 38.155.

Sec. 50. NRS 391.3196 is
hereby amended to read as follows:

391.3196 1. On or before
April 15 of each year, the board shall notify postprobationary employees in
their employ, in writing, by certified mail or by delivery of the employees
contract, concerning their reemployment for the ensuing year. If the board, or
the person designated by it, fails to notify a postprobationary employee who
has been employed by a school district of his status for the ensuing year, the
employee shall be deemed to be reemployed for the ensuing year under the same
terms and conditions [under which]as he is employed for the current year.

2. This section does not apply to any [certificated]licensed
employee who has been recommended to be demoted, dismissed or not reemployed if
proceedings have commenced and no final decision has been made by the board. A [certificated]licensed
employee may be demoted or dismissed for grounds set forth in NRS 391.312 after
he has been notified that he is to be reemployed for the ensuing year.

3. Any [certificated]licensed employee who is reemployed pursuant to
subsection 1 shall, by April 25, notify the board in writing of his acceptance
of employment. Failure on the part of the employee to notify the board of his
acceptance within the specified time is conclusive evidence of the employees
rejection of the contract.

4. If the [certificated]licensed employees are represented by a
recognized employee organization and negotiation has been commenced pursuant to
NRS 288.180, then the provisions of subsections 1, 2 and 3 do not apply except
in the case of a demotion, dismissal or decision not to reemploy
an employee.

reemploy an employee. Before April 25 of each year, the
employees shall notify the board in writing, on forms provided by the board, of
their acceptance of reemployment. Any agreement negotiated by the recognized
employee organization and the board becomes a part of the contract of
employment between the board and the employee. The board shall mail contracts, by
certified mail with return receipts requested, to each employee to be
reemployed at his last known address or shall deliver the contract in person to
each employee, obtaining a receipt therefor. Failure on the part of the
employee to notify the board of his acceptance within 10 days after receipt of
the contract is conclusive evidence of the employees rejection of the
contract.

Sec. 51. NRS 391.320 is
hereby amended to read as follows:

391.320 [1.]
The state board of education may suspend or revoke the [certificate]license of any teacher for any cause specified by
law.

[2. The
superintendent of public instruction may suspend, for a period not to exceed 1
year, after 10 days notice and a hearing, the certificate of any teacher for
any of the causes for which a certificate may be revoked by the state board.]

Sec. 52. NRS 391.330 is
hereby amended to read as follows:

391.330 The state board of education may
suspend or revoke [any state certificate]the license of any teacher or administrator, after
notice and an opportunity for hearing before the state board, for:

5. Conviction of a sex offense under NRS
200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a student
enrolled in a school of a Nevada public school district was the victim.

6. Knowingly advocating the overthrow of
the Federal Government or of the State of Nevada by force, violence or unlawful
means.

7. Persistent defiance of or refusal to
obey the regulations of the state board of education, the
commission or [the regulations of]
the superintendent of public instruction, defining and governing the duties of
teachers and administrators.

Sec. 53. NRS 391.340 is
hereby amended to read as follows:

391.340 Any teacher, principal or
superintendent who [shall knowingly report, cause]knowingly reports, causes to be reported, or [permit to be reported]permits the report of the presence of any pupil [or pupils at schools when such pupil or pupils were]at school when the pupil is absent, or when
school is not in session, [shall forfeit his
certificate or by his action subject]forfeits
his license or subjects it to revocation . [, and the same shall]The license may not be restored or a new one granted
within 1 year after [such]the forfeiture or revocation.

391.350 1. Any teacher or
other [certificated]licensed employee employed by any board for a specified
time who willfully refuses or fails to fulfill his employment obligations after
he has notified the board of his acceptance of employment under subsection 3 of
NRS 391.3196 or subsection 2 of NRS 391.3197 or to comply with the provisions
of his contract after it has been signed without first obtaining the written
consent of the board may be found guilty of unprofessional conduct. The board
shall not unreasonably withhold its consent. Any administrator who willfully
secures the signature on a statement of intent to accept employment of any
teacher or other [certificated]licensed employee who has notified the board of another
school district in this state of his acceptance of employment is guilty of
unprofessional conduct, unless the employee has first obtained the written
consent of the board to which he has given notice of acceptance. If the failure
or refusal to comply with the provisions of the contract is the result of
having subsequently executed an employment contract with another board in this
state without the written consent of the board first employing him, the second
contract is void.

2. Upon receiving formal complaint from
the board, substantiated by conclusive evidence of a teachers failure or
refusal under subsection 1 or that an administrator has willfully secured such
a signature, the state board may suspend or revoke the [certificate]license of the teacher or administrator after
notice and opportunity for a hearing.

3. The superintendent of public
instruction shall notify state agencies for education in other states of any
revocation pursuant to this section.

Sec. 55. NRS 391.355 is
hereby amended to read as follows:

391.355 1. The state board
of education, with the assistance of the attorney general, shall develop and
the board shall adopt rules of procedure for the conduct of hearings involving
suspension or revocation of [certificates]licenses of teachers, administrators and other
educational personnel.

2. The rules of procedure must provide
for boards of trustees of school districts or the superintendent of public
instruction or his designee to bring charges, when cause exists.

3. The state board of education may issue
subpenas to compel the attendance of witnesses and the production of books,
records, documents or other pertinent information to be used as evidence in
hearings for suspension or revocation of [certificates]licenses.

4. A hearing officer, selected under NRS
391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915
shall conduct the hearing and report findings of fact and conclusions of law,
along with recommendations to the state board of education. The state board may
accept or reject the recommendations or refer the report back to the hearing
officer for further evidence and recommendation, and shall notify the teacher,
administrator or other [certificated]licensed person in writing of its decision.

391.375 Every school district in the
state shall submit, for approval by the state agency, as that term is defined
in NRS 287.130, its plan for extending the benefits of Title II of the Social
Security Act to [certified]licensed public school teachers in the position of
substitute teachers, immediately upon receiving a request for such coverage
pursuant to the provisions of NRS 287.190.

Sec. 57. NRS 392.150 is
hereby amended to read as follows:

392.150 The board of trustees of a school
district may:

1. Appoint an attendance officer, who
need not be a [certified]licensed employee of the school district, except that
in any school district where a system of classified employment is in effect,
attendance officers [shall]must be classified employees of the school district.

2. Fix his compensation.

3. Prescribe his duties.

4. [Make
rules and]Adopt regulations not
inconsistent with law for the performance of his duties.

Sec. 58. NRS 392.465 is
hereby amended to read as follows:

392.465 1. The legislature
declares:

(a) That the use of corporal punishment is to be
discouraged in the public schools, and only after all other methods of
discipline have proven ineffective should a pupil be administered corporal
punishment.

(b) That judgment and discretion are to be used
in all punishment, corporal and otherwise, and maximum use should be made of
available school counseling and psychological services.

2. Subject to the limitations contained
in this section, the board of trustees of every school district shall adopt
regulations authorizing teachers, principals and other [certificated]licensed personnel to administer reasonable
corporal or other punishment to pupils when [such]the action is deemed an appropriate corrective
measure.

3. Parents and guardians [shall]must
be notified before, or as soon as possible after, corporal punishment is
administered.

4. No corporal punishment may be
administered on or about the head or face of any pupil, but this limitation [shall]does
not prohibit any teacher, principal or other [certificated]licensed person from defending himself if attacked
by a pupil.

Sec. 59. NRS 394.465 is
hereby amended to read as follows:

394.465 1. Except as otherwise provided in subsection 4, before a
postsecondary educational institution employs or contracts with a person to
occupy an administrative, financial or instructional position, or to act as an
agent for the institution, the applicant must arrange with the sheriff of the
county in which the institution is located for an investigation of the
applicants background, including a photograph, history of residences,
employment and education, and the submission of his fingerprints to the Federal
Bureau of Investigation.

2. The sheriff shall retain one copy of
the application and results of the investigation and forward one copy to the
administrator.

3. The applicant shall pay the cost of
the investigation.

4. An applicant is not required to
arrange for an investigation of his background if he is:

(a) [Certified]Licensed by the [department
of education;]superintendent of public
instruction;

(b) An employee of the United States Department
of Defense; or

(c) A member of the faculty of an accredited
postsecondary educational institution in another state who is domiciled in a
state other than Nevada and is present in Nevada for a temporary period to teach
at a branch of that accredited institution.

Sec. 60. NRS 49.291 is
hereby amended to read as follows:

49.291 1. As used in this
section, teacher means a person who is regularly employed by a public or
private school in this state as a teacher or administrator and who holds a
valid [certificate]license issued by the superintendent of public
instruction authorizing the holder to teach or perform administrative functions
in schools.

2. Communications by a pupil to a teacher
concerning the pupils possession or use of drugs or alcoholic beverages made
while the teacher was counseling or attempting to counsel [such]the
pupil are privileged communications and the teacher [shall]must not, without the consent of the pupil, be
examined as a witness concerning any such communication in any civil or
criminal action to which the pupil is a party.

Sec. 61. NRS 233B.039 is
hereby amended to read as follows:

233B.039 1. The following
agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of prisons.

(c) The University of Nevada System.

(d) The department of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The state board of parole commissioners.

(h) The welfare division of the department of
human resources.

(i) The state board of examiners acting pursuant
to chapter 217 of NRS.

2. The department of education , [and] the
committee on group insurance and the commission on
professional standards in education are subject to the provisions of
this chapter for the purpose of [regulation-making]adopting regulations but not with respect to any
contested case.

3. The Nevada state board of accountancy
is not subject to the provisions of this chapter for the purpose of adopting
rules of professional conduct for accountants and auditors.

4. The special provisions of:

(a) Chapter 612 of NRS for the distribution of
regulations by and the judicial review of decisions of the employment security
department;

(b) Chapters 616 and 617 of NRS for the
determination of contested claims; and

(c) Chapter 703 of NRS for the judicial review
of decisions of the public service commission of Nevada,

prevail over the general provisions of this chapter.

5. The provisions of NRS 233B.122,
233B.124, 233B.125 and 233B.126 do not apply to the department of human
resources in the adjudication of contested cases involving the issuance of
letters of approval for health facilities and agencies.

6. The provisions of this chapter do not
apply to any order for immediate action, including but not limited to
quarantine and the treatment or cleansing of infected or infested animals,
objects or premises, made under the authority of the state board of agriculture,
the state board of health, the state board of sheep commissioners or any other
agency of this state in the discharge of a responsibility for the preservation
of human or animal health or for insect or pest control.

Sec. 62. NRS 385.090 is
hereby repealed.

Sec. 63. 1. The
standards, regulations and procedures of the state board of education in effect
on July 1, 1987, that relate to the powers and duties transferred from the
state board to the commission on professional standards pursuant to this act
remain in effect and apply to the commission on professional standards until
repealed or modified by the commission.

2. Any person who has been granted a
certificate by the superintendent of public instruction which is in effect on
July 1, 1987, shall be deemed to hold a license pursuant to the amendatory
provisions of this act until that certificate is renewed.

Sec. 64. Of the original
members of the commission on professional standards in education appointed by
the governor:

1. Four members, including two teachers,
one administrator and the member of the state board of education, must be
appointed to terms ending on June 30, 1990;

2. Three members, including two teachers
and one administrator, must be appointed to terms ending on June 30, 1989; and

3. The remaining members must be
appointed to a term ending on June 30, 1988.

Sec. 65. The legislative
counsel shall, in preparing the supplement to Nevada Revised Statutes with
respect to any section which is not amended by this act or is further amended
by another act, appropriately correct any reference to a certificate issued to
an administrator, teacher or other educational employee by the superintendent
of public instruction before the effective date of this act for which the
designation is changed by this act.

Sec. 66. Sections 2, 22, 59
and 61 of this act become effective at 12:01 a.m. on July 1, 1987.

AN ACT relating to community property;
allowing the division of the community property of a husband and wife if one
spouse enters a facility for skilled nursing or facility for intermediate care;
and providing other matters properly relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 123 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 2, a court of competent jurisdiction may, upon
a proper petition filed by a spouse or the guardian of a spouse, enter a decree
equally dividing the community assets, excluding income, and obligations of a
husband and wife into the separate assets and obligations of the spouses, if
the petitioner shows that:

(a) One spouse has been
admitted to a facility for skilled nursing or facility for intermediate care;
and

(b) It is in the best
interest of both spouses that a division of the property be made.

2. The court shall
not divide any community asset the basis of which is income from property owned
by the spouses.

3. Upon the
entrance of such a decree, the separate property of each spouse is not liable
for the costs of supporting the other spouse, including the costs of the
necessities of life or medical care.

Sec. 2. NRS 123.220 is
hereby amended to read as follows:

123.220 All property, other than that
stated in NRS 123.130, acquired after marriage by either husband or wife, or
both, is community property unless otherwise provided by:

1. An agreement in writing between the
spouses, which is effective only as between them.

2. A decree of separate maintenance
issued by a court of competent jurisdiction.

3. NRS 123.190.

4. A decree issued
pursuant to section 1 of this act.

Sec. 3. The provisions of
this act apply to all community property, whether acquired before, on or after
July 1, 1987.

________

κ1987
Statutes of Nevada, Page 1017κ

CHAPTER 435, SB 12

Senate Bill No. 12Committee
on Finance

CHAPTER 435

AN ACT relating to correctional
institutions; changing the schedule of repayment of appropriations to the
prison industry fund and prison farm fund; and providing other matters properly
relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 2 of chapter
520, Statutes of Nevada 1981, as amended by section 1 of chapter 511, Statutes
of Nevada 1985, at page 1561, is hereby amended to read as follows:

Sec. 2. [The money appropriated by section 1 of this act must
be repaid to the state general fund by the department of prisons according to
the following schedule:

1. $70,000
before July 1, 1989;

2. $70,000
before July 1, 1991; and

3. The
remainder before July 1, 1993.]

1. The
department of prisons shall pay to the state general fund from the prison
industry fund before September 30 of each year an amount equal to 25 percent of
any net profit produced during the preceding fiscal year from the operation of
programs for the employment of offenders until the department has repaid to the
state general fund all of the money appropriated by section 1 of this act.

2. After
the department of prisons has repaid to the state general fund all of the money
appropriated by section 1 of this act, the department shall continue making the
payments to the state general fund from the prison industry fund as provided in
subsection 1 until the department has repaid to the state general fund all of
the money appropriated by section 2 of chapter 579, Statutes of Nevada 1981, at
page 1247, to the prison farm fund.

3. The
department of prisons is not required to make payments pursuant to subsection 1
or 2 in any fiscal year in which the programs for the employment of offenders
do not produce a net profit.

AN ACT relating to industrial programs for
correctional institutions; creating an advisory board; requiring the
appointment of an assistant director of the department of prisons for
industrial programs; making an appropriation; and providing other matters
properly relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 209 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
5, inclusive, of this act.

2. The advisory
board consists of the director of the department of prisons, the director of
the department of general services and eight members appointed by the interim
finance committee as follows:

(a) Two members of the
senate.

(b) Two members of the
assembly.

(c) Two persons who
represent manufacturing in this state.

(d) One person who
represents business in this state.

(e) One person who
represents organized labor in this state.

3. The members of
the advisory board shall select a chairman from among their membership.

4. Each member of
the advisory board appointed by the interim finance committee must be appointed
to a term of 2 years and may be reappointed.

5. Except during a
regular or special session of the legislature, each legislator who is a member
of the advisory board is entitled to receive the compensation provided for a
majority of the members of the legislature during the first 60 days of the
preceding regular session for each day or portion of a day during which he
attends a meeting of the advisory board or is otherwise engaged in the work of
the advisory board. Each nonlegislative member appointed by the interim finance
committee is entitled to receive compensation for his service on the advisory
board in the same amount and manner as the legislative members whether or not
the legislature is in session. Each member of the advisory board is entitled to
the per diem allowance and travel expenses provided for state officers and
employees generally. All compensation, allowances and travel expenses must be
paid from the prison industry fund.

Sec. 4. The advisory board shall:

1. Be informed on
issues and developments relating to industrial programs for correctional
institutions;

2. Submit a
semiannual report to the interim finance committee before July 1 and December 1
of each year on the status of current and proposed industrial programs for
correctional institutions;

3. Report to the
legislature on any other matter relating to industrial programs for
correctional institutions which it deems appropriate;

4. Meet at least
quarterly and at the call of the chairman to review the operation of current
and proposed industrial programs;

5. Recommend three
persons to the director for appointment as the assistant director for industrial
programs whenever a vacancy exists; and

6. Before any new
industrial program is established by the director in an institution of the
department, review the proposed program for compliance with the requirements of
subsection 2 of NRS 209.461 and submit to the director its recommendations
concerning the proposed program.

Sec. 5. The assistant director for industrial programs appointed
pursuant to subsection 1 of NRS 209.151 is entitled to receive the same
retirement benefits as police officers and firemen employed by public
employers. For this purpose, the provisions of chapter 286 of NRS governing the
retirement benefits of police officers and firemen apply to the assistant
director.

Sec. 6. NRS 209.011 is
hereby amended to read as follows:

209.011 As used in this chapter, unless
the context otherwise requires, the terms defined in NRS 209.021 to 209.085,
inclusive, and section 2 of this act, have the
meanings ascribed to them in those sections.

(a) Is responsible to the
director for the administration of all industrial and agricultural programs for
the employment of offenders, except honor camps and centers for the purpose of
making restitution; and

(b) Shall enforce all
policies and regulations of the department relating to industrial and
agricultural programs.

2. In addition to
the assistant director appointed pursuant to subsection 1, the director shall
appoint such other assistant directors [who]as are necessary.

3. The assistant
directors are in the classified service of the state except for purposes
of retention.

[2.]4. During any absence of the director, he
shall designate an assistant director or a warden to act as director of the
department without increase in salary.

[3.]5. The assistant directors shall carry out
such administrative duties as may be assigned to them by the director and shall
not engage in any other gainful employment or occupation.

Sec. 8. NRS 209.459 is
hereby amended to read as follows:

209.459 The director [,]shall present
the recommendations of the advisory board on industrial programs to the board
of state prison commissioners and, with the approval of the board [, shall]of state
prison commissioners, establish and carry out a program for the
employment of offenders in services and manufacturing conducted by institutions
of the department or by private employers.

(a) To the greatest extent possible, approximate
the normal conditions of training and employment in the community.

(b) To the extent practicable, require each
offender, except those whose behavior is found by the director to preclude
participation, to spend 40 hours each week in vocational training or
employment, unless excused for a medical reason.

(c) Use the earnings from services and
manufacturing conducted by the institutions and the money paid by private
employers who employ the offenders or lease space or equipment within the
institutions to offset the costs of operating the prison system and to provide
wages for the offenders being trained or employed. If restitution to a specific
person is not being paid, the director shall deduct an amount he deems
reasonable for deposit with the state treasurer for credit to the fund for the
compensation of victims of crime.

(d) Provide equipment, space and management for
services and manufacturing by offenders.

(e) Employ craftsmen and other personnel to
supervise and instruct offenders.

(f) Contract with governmental agencies and
private employers for the employment of offenders, including their employment
on public works projects under contracts with the state and with local
governments.

(g) Contract for the use of offenders services
and for the sale of goods manufactured by offenders.

2. Every program
for the employment of offenders established by the director must:

(a) Employ the maximum
number of offenders possible;

(b) Provide for the use
of money produced by the program to reduce the cost of maintaining the
offenders in the institutions;

(c) Produce a profit for
the department;

(d) Have an insignificant
effect on the number of jobs available to the residents of this state; and

(e) Provide occupational
training for offenders.

3. The
director may, with the approval of the board:

(a) Lease spaces and facilities within any
institution of the department to private employers to be used for the
vocational training and employment of offenders.

(b) Grant to reliable offenders the privilege of
leaving institutions or facilities of the department at certain times for the purpose
of vocational training or employment.

Sec. 10. There is hereby
appropriated from the state general fund to the Department of Prisons the sum
of $3,000 to pay the moving expenses of the first assistant director for
industrial programs appointed pursuant to subsection 1 of NRS 209.151.

Sec. 11. Any remaining
balance of the appropriation made by section 10 of this
act must not be committed for expenditure after June 30, 1989, and reverts to
the state general fund as soon as all payments of money committed have been
made.

of this act must not be committed for expenditure after June
30, 1989, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 12. Sections 7, 10 and
11 of this act become effective upon passage and and approval.

________

CHAPTER 437, SB 8

Senate Bill No. 8Committee
on Finance

CHAPTER 437

AN ACT relating to the department of
prisons; authorizing the director to establish a procedure to make emergency
purchases for certain programs; and providing other matters properly relating
thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 209 of NRS
is hereby amended by adding thereto a new section to read as follows:

The director may establish a
procedure for the emergency purchase of supplies, materials or equipment for
industrial and agricultural programs in institutions of the department with
money dedicated for that purpose. No such purchases may be made without the
prior permission of the chief of the purchasing division of the department of
general services. If such a procedure is established by the director, the
provisions of chapter 333 of NRS do not apply to those emergency purchases.

Sec. 2. NRS 333.380 is
hereby amended to read as follows:

333.380 Rules of the chief must provide
the procedure for:

1. The purchase of commodities not
scheduled under this chapter.

2. Emergency purchases, defining
emergencies and stating the conditions under which emergency purchases may be
made [.],
by an agency not specifically authorized by statute to establish its own
procedure for emergency purchases.

3. Purchases made with money from the
state purchasing fund.

________

κ1987
Statutes of Nevada, Page 1022κ

CHAPTER 438, SB 9

Senate Bill No. 9Committee
on Finance

CHAPTER 438

AN ACT relating to motor vehicles;
establishing an additional fee for license plates to defray the cost of
producing the plates; requiring the preparation of license plates at a facility
located at the department of prisons; and providing other matters properly
relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. In addition to any other applicable fee, there must be paid to
the department a fee of 50 cents for each license plate issued for a motor
vehicle, trailer or semitrailer. The fee paid pursuant to this section must be
deposited with the state treasurer for credit to the prison industry fund to
defray the cost of producing the license plate.

Sec. 3. The director shall utilize the facility for the production of
license plates which is located at the department of prisons to produce all
license plates required by the department of motor vehicles and public safety.

Sec. 4. NRS 482.490 is
hereby amended to read as follows:

482.490 Each person who applies for a
manufacturers, distributors, dealers or rebuilders license plate, or pair
of plates shall pay at the time of application [,
in lieu of any other fees specified in this chapter,] a fee according
to the following schedule:

For each plate or
pair of plates for a motor vehicle, including a motorcycle............................................................................ ............................................................................................... $12

For plates for a
trailer or semitrailer............................................... ............................................................................................... 12

This fee is in lieu of any other fee
specified in this chapter except the fee imposed by section 2 of this act.

Sec. 5. Chapter 209 of NRS is
hereby amended by adding thereto a new section to read as follows:

The director shall provide a
secure facility to be used by the department of motor vehicles and public
safety for the production of license plates.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 209.189 is
hereby amended to read as follows:

209.189 1. The [prison industry fund]fund for prison industries is hereby created as an
enterprise fund to receive all revenues derived from programs for vocational
training and employment of offenders [.]and the operation of the prison farm.

2. Money in the
fund must be maintained in separate budgetary accounts, including at least one
account for industrial programs and one for the prison farm.

3. Subject
to the approval of the state board of examiners, the director may expend money
deposited in this fund for the promotion and development of these programs [.

3.]and the prison farm.

4. The
interest and income earned on the money in the fund, after deducting any
applicable charges, must be credited to the fund.

Sec. 2. NRS 209.187 is
hereby repealed.

Sec. 3. 1. At
the close of the 1986-87 fiscal year, the state controller shall transfer the
assets and liabilities of the prison farm fund abolished by section 2 of this
act, to the extent that the assets have not been encumbered for the fiscal year
1987-88, to the fund for prison industries.

2. The assets transferred pursuant to
subsection 1 may only be used for payment of existing or outstanding
obligations of the prison farm fund, the operation of the prison farm, the
development of programs at the farm and any administrative costs associated
with the farm and its programs.

3. Any existing or outstanding
obligations of the prison industry fund must be paid from the appropriate
budgetary account of the fund for prison industries.

Sec. 4. The legislative
counsel shall, in preparing the supplement to the Nevada Revised Statutes with
respect to any section which is not amended by this act or is further amended
by another act, appropriately correct any reference to the prison industry fund
or prison farm fund.

AN ACT relating to public schools;
providing for a reduction of the minimum number of days of free public school
in cases of emergency; and providing other matters properly relating thereto.

[Approved June 12, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 388.090 is
hereby amended to read as follows:

388.090 1. Except as
otherwise permitted pursuant to [subsection 2,]this section, boards of trustees of school
districts shall schedule and provide a minimum of
180 days of free school in the districts under their charge.

2. The superintendent of public
instruction may upon application by the board of trustees authorize a reduction
of not more than 10 school days in a particular district [for the purpose of establishing]to establish a 12-month school program.

3. Each school
district shall schedule at least 3 contingent days of school in addition to the
180 days required by subsection 1, which must be used if a natural disaster,
inclement weather or an accident necessitates the closing of a majority of the
facilities within the district.

4. If more than 3
days of free school are lost because a natural disaster, inclement weather or
an accident necessitates the closing of a majority of the facilities within a
school district, the superintendent of public instruction, upon application by
the school district, may permit the additional days lost to be counted as
school days in session. The application must be submitted in the manner
prescribed by the superintendent of public instruction.

5. The state board
of education shall adopt regulations providing procedures for changing
schedules of instruction to be used if a natural disaster, inclement weather or
an accident necessitates the closing of a particular school within a school
district.

________

κ1987
Statutes of Nevada, Page 1025κ

CHAPTER 441, AB 791

Assembly Bill No. 791Committee
on Judiciary

CHAPTER 441

AN ACT relating to the procedure in
criminal cases; requiring notice of the failure by a defendant to appear to be
given to the agent of the surety; specifying the time for giving such a notice;
and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 178.508 is
hereby amended to read as follows:

178.508 If the defendant fails to appear
when his presence in court is lawfully required and not excused, the court
shall direct the fact of such failure to appear to be entered upon its minutes . [, and if]If the undertaking exceeds $50 or money deposited
instead of bail bond exceeds $500, the court shall direct that the sureties [,]and the local
agent of each surety, or the depositor if he is not the defendant, [first] be given notice that the defendant has failed to appear, by certified
mail [that the defendant has failed to appear]within 15 days after the failure to appear, and
shall execute an affidavit of such mailing to be kept as an official public
record of the court. The undertaking or money instead of bail bond is forfeited
upon the expiration of 90 days after the notice is mailed, except as otherwise
provided in NRS 178.509. A copy of the notice must be transmitted to the
district attorney at the time notice is given to the sureties or the depositor.

________

CHAPTER 442, AB 772

Assembly Bill No. 772Committee
on Ways and Means

CHAPTER 442

AN ACT relating to continuing judicial
education; requiring payment for certain continuing education of district
judges from the account for continuing judicial education; and providing other
matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 3.027 is
hereby amended to read as follows:

3.027 1. The court
administrator shall, at the direction of the chief justice of the supreme
court, arrange for the giving of instruction, at the National Judicial College
in Reno, Nevada, or elsewhere:

(a) In court procedure, recordkeeping and the elements
of substantive law appropriate to a district court, to each district judge who
is first elected or appointed to office after July 1, 1981, and to other
district judges who so desire and who can be
accommodated, between each general election and January 1 next following.

desire and who can be accommodated, between each general
election and January 1 next following.

(b) In statutory amendments and other
developments in the law appropriate to a district court, to all district judges
at convenient intervals.

2. The costs of the instruction must be
paid from the [supreme courts]
account for continuing judicial education. The
court administrator shall administer the account and claims against the account
must be paid as other claims against the state are paid.

Sec. 2. NRS 62.034 is hereby
amended to read as follows:

62.034 1. Each district
judge who is first elected or appointed after July 1, 1981, in a judicial
district which has one judge, and each other district judge who is first
assigned after July 1, 1981, to be the judge of the juvenile court in his
judicial district, shall attend instruction at the National College of Juvenile
Justice in Reno, Nevada, in a course designed for the training of new judges of
juvenile courts unless he has previously attended such a course.

2. Each judge to whom this section
applies shall attend the instruction provided when it is offered for the first
time after his election, appointment or assignment, unless he is excused by
written order of the presiding judge of his judicial district, or if the
judicial district has but one judge, by a justice of the supreme court.

3. [Each
county shall pay to the supreme court for this purpose the countys pro rata
share of the cost of this instruction.]The
cost of the instruction must be paid from the account for continuing judicial
education.

Sec. 3. NRS 176.061 is
hereby amended to read as follows:

176.061 The state controller shall
distribute the money received to the following public agencies in the following
amounts for each $7 received, up to the amount authorized by the legislature:

1. Six dollars to the office of the court
administrator for allocation as follows:

(a) One dollar for the administration of the
courts.

(b) One dollar for the development of a uniform
system for judicial records.

(c) One dollar [for]to the account for continuing judicial education.

(d) Three dollars for the supreme court.

2. One dollar for the peace officers
standards and training committee of the department of motor vehicles and public
safety to be used for the continuing education of persons whose primary duty is
law enforcement. Any amounts received in excess of the amounts authorized for
expenditure must be deposited to the credit of the state general fund.

Sec. 4. This act becomes
effective upon passage and approval.

________

κ1987
Statutes of Nevada, Page 1027κ

CHAPTER 443, AB 806

Assembly Bill No. 806Committee
on Judiciary

CHAPTER 443

AN ACT relating to offers of judgment;
allowing interest and a reasonable attorneys fee; reducing the time for
acceptance of an offer; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 17.115 is
hereby amended to read as follows:

17.115 1. At any time more
than 10 days before trial, either informally or at any pretrial conference
presided over by a judge of the court in which the action is pending, any party
may serve an offer in writing to allow judgment to be taken in accordance with
the terms and conditions stated at that time.

2. If the offer is accepted, the judge of
the court in which the action is pending shall enter judgment accordingly.

3. If the offer is not accepted [prior to]before
trial or within [30]10 days after it is made, whichever occurs first, it
shall be deemed withdrawn, and cannot be given in evidence upon the trial.

4. If the party to whom the offer of
judgment is made fails to obtain a more favorable judgment, he cannot recover:

(a) Interest on the judgment for the period
between the time of service of the summons and complaint and the time of entry
of the judgment; or

(b) Costs [,]or attorneys fees,

and the court [may]shall order him to pay to the party who made the
offer [not only] that partys
taxable costs incurred from the date of filing the complaint, [but]and may
order also a reasonable sum to cover costs of the services of expert
witnesses who are not regular employees of any party actually incurred and
reasonably necessary in the preparation of the case for trial by [such]the
prevailing party [.

5.], interest on the judgment from the time of the offer to the
time of entry of the judgment and reasonable attorneys fees incurred by the
party making the offer from the time of the offer.

5. Any taxable
costs, attorneys fees and interest which is not derived from an
interest-bearing obligation which may have been awarded must not be considered
to be part of the judgment when determining whether the judgment was more
favorable than the rejected offer.

6. If the attorney
of the party for whom the offer of judgment is made is collecting a contingent
fee for his services, the amount of any attorneys fees awarded to the party
for whom the offer is made must be deducted from that contingent fee.

7. Any
judgment entered pursuant to this section shall be deemed a compromise
settlement.

________

κ1987
Statutes of Nevada, Page 1028κ

CHAPTER 444, SB 566

Senate Bill No. 566Committee
on Finance

CHAPTER 444

AN ACT relating to the Tahoe Basin;
authorizing the state board of examiners to levy an ad valorem tax to finance
the bonds issued for the acquisition of land in the Tahoe Basin; exempting the
bonds from the limitation on the indebtedness of the state; expanding the
powers of the state land registrar; establishing minimum requirements for the
purchase of certain land; and providing other matters properly relating
thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
state board of examiners shall establish an ad valorem tax upon all taxable
property in the state, including the net proceeds of mines and mining claims,
and excluding all property exempt from taxation, at a rate which is sufficient
to pay the principal and interest on bonds issued pursuant to chapter 585,
Statutes of Nevada 1985, at page 1866. The tax must be levied in the fiscal
year 1988-1989 and each year thereafter until the bonds have been paid.

2. The proceeds of the tax levied
pursuant to subsection 1 must be deposited each year in the consolidated bond
interest and redemption fund, created pursuant to NRS 349.080, to the extent
necessary to meet the obligations of the state for the payment of the principal
and interest due in that fiscal year on bonds issued pursuant to chapter 585,
Statutes of Nevada 1985, at page 1866. The remainder of the proceeds must be
deposited in the state general fund without restriction as to their use.

3. The legislature finds and declares
that the issuance of bonds pursuant to chapter 585, Statutes of Nevada 1985, at
page 1866, is necessary for the protection and preservation of the natural
resources of this state and for the purpose of obtaining the benefits thereof,
and constitutes an exercise of the authority conferred by the second paragraph
of section 3 of article 9 of the constitution of the State of Nevada.

Sec. 6. 1. The state land registrar shall
administer the purchase of land in the Tahoe Basin, and he may adopt
regulations necessary to carry out the program. The state land registrar shall
make all offers for the purchase of the land, but the state board of examiners
has the final authority to approve or disapprove a purchase. The state land registrar may, with the approval of the interim
finance committee and the state board of examiners, for such consideration as
he deems to be reasonable and in the public interest, transfer, sell, exchange
or lease lands or interests in land acquired to other state agencies, federal
agencies, local governments, nonprofit organizations and natural persons.

2. The
state land registrar, in cooperation with the administrator of the division of
conservation districts of the state department of conservation and natural
resources, shall carry out the program for the control of erosion and the
mitigation and prevention of pollution in the Tahoe Basin, and may adopt
regulations necessary to carry out the program. In carrying out this program,
the state land registrar may make grants to other state agencies, local
governments and nonprofit organizations.

Sec. 7. 1. The price paid for any land purchased
pursuant to this act must be based on the value of the property as determined
by an [a] appraisal performed by an
independent appraiser but [that price must not be
less than what the fair market value of the property would have been as of July
1, 1980]:

(a) Property
owners who owned their land on July 1, 1980, must not be offered less than what
the fair market value of the property would have been as of July 1, 1980;

(b) Property
owners who have acquired their land after July 1, 1980, must not be offered
less than what the fair market value of the property would have been at the
time the property owner acquired the property.

2. The
state land registrar may accept full or partial donation of property authorized
to be acquired pursuant to this act.

Sec. 4. This act becomes
effective upon passage and approval.

________

CHAPTER 445, SB 460

Senate Bill No. 460Committee
on Finance

CHAPTER 445

AN ACT relating to public employees;
increasing the amount paid by certain public employers for group insurance; and
providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
cost of monthly premiums which may be applied to group life, accident or health
coverage for each participating public officer or employee by the department,
commission or public agency which employs the officer or employee must not
exceed $136 from July 1, 1987, to June 30, 1988, and $146.50 from July 1, 1988,
to June 30, 1989.

2. The department, commission or public
agency must pay these total monthly premiums to the
committee on group insurance.

monthly premiums to the committee on group insurance. The
committee on group insurance shall determine, by actuarial analysis, the amount
to contribute toward the actual premium of the plan the employee or public
officer selects.

3. If the amount to be contributed toward
the actual premium of the plan the employee or public officer selects is less
than the amount specified in subsection 1, the balance available must be
credited to the self-insurance fund created pursuant to NRS 287.0435.

________

CHAPTER 446, AB 698

Assembly Bill No. 698Committee
on Taxation

CHAPTER 446

AN ACT relating to local financial
administration; providing an increase in the basic ad valorem revenue of
certain fire protection districts; and providing other matters properly
relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 354 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. For the fiscal
year beginning July 1, 1987, and each fiscal year thereafter, there must be
added to the maximum amount of revenue the following local governments are
allowed to receive from taxes ad valorem the amount produced by multiplying the
indicated factor by each $100 of assessed valuation:

Local
Government Factor

Pueblo
County Fire Protection District $ .0113

McDermitt
County Fire Protection District .0679

Paradise
Valley County Fire Protection District .0680

Humboldt
County Fire Protection District .0910

Winnemucca
Rural County Fire Protection District .0910

Orovada
County Fire Protection District .0974

2. Before the levy
of any tax for the fiscal year beginning July 1, 1987, the governing body of a
local government listed in subsection 1 shall conduct a public hearing on the
proposed levy. The hearing must be held not less than 7 days after the date of
mailing notice of the hearing to each property owner. The notice must state the
time and place of the hearing and any proposed increase in the authorized rate.

3. After the
public hearing, the governing body shall determine by what amount, if any, the
authorized rate will be increased.

354.470 NRS 354.470 to 354.626,
inclusive, and section 1 of this act, may be
cited as the Local Government Budget Act.

Sec. 3. NRS 354.59805 is
hereby amended to read as follows:

354.59805 Except as otherwise provided in
NRS 354.59816 [,]and section 1 of this act, the maximum amount of money
which a local government, except a school district, a district to provide a
telephone number for emergencies, or a redevelopment agency, is permitted to
receive from taxes ad valorem, other than those levied on the net proceeds of
mines or for the payment of bonded indebtedness and interest thereon incurred
as a general or short-term obligation of the issuer, or for the payment of
obligations under a capital lease executed before April 30, 1981, must be
calculated by:

1. First multiplying the tax rate
certified for that local government for the fiscal year ending on June 30,
1981, by its assessed valuation as equalized for the collection of taxes during
the fiscal year beginning on July 1, 1981. For the purposes of this subsection:

(a) A county whose actual tax rate, for purposes
other than debt service, for the fiscal year ending on June 30, 1981, was less
than 50 cents per $100 of assessed valuation is entitled to the use of a rate
not greater than 80 cents per $100 of assessed valuation.

(b) A fire protection district in such a county
whose tax rate was more than 50 cents per $100 of assessed valuation is
entitled to the use of a rate not greater than $1.10 per $100 of assessed
valuation.

2. Then subtracting the estimated amount
to be received by that local government from the supplemental city-county
relief tax for the fiscal year for which the tax ad valorem is to be levied.
For the fiscal years beginning on and after July 1, 1982, the executive
director of the department of taxation shall provide this estimate to the local
government on or before March 15 preceding the fiscal year to which it applies.
A local government may, on or before April 1 preceding the fiscal year to which
the estimate applies, appeal in writing to the Nevada tax commission, which may
increase or decrease the estimate as it finds the facts warrant.

3. Then reducing the amount resulting
from subsections 1 and 2 if necessary to bring it within any applicable limit
provided in NRS 354.59811 or 354.59816.

Sec. 4. NRS 377.057 is
hereby amended to read as follows:

377.057 1. The state
controller, acting upon the relevant information furnished by the department,
shall monthly from the fees, taxes, interest and penalties which derive from
the supplemental city-county relief tax collected in all counties and from
out-of-state businesses during the preceding month, after making any
distributions required by NRS 377.053:

(a) Distribute the amount specified in this
paragraph among the following local governments in the following percentages:

City of Ely ................................................................................................ 7.90

For the fiscal year beginning July 1, 1981, the monthly
amount is $71,110. For each succeeding fiscal year, this amount must be reduced
by $7,111 from the preceding year.

(b) Distribute to each local government the
amount calculated for it by the department of taxation pursuant to subsection
2.

2. The maximum amounts distributable
under paragraph (b) of subsection 1 must be estimated for each fiscal year. The
percentage of maximum allowable revenue, as determined pursuant to NRS
354.59805, to be derived from the supplemental city-county relief tax must be
as nearly equal among the several counties as possible. The amount apportioned
to each county must then be apportioned among the several local governments
therein, including the county and excluding the school district, any district
to provide a telephone number for emergencies, any district created under
chapter 318 of NRS to furnish emergency medical services, any redevelopment
agency, and any other local government excluded by specific statute, in the
proportion which each local governments basic ad valorem revenue bears to the
total basic ad valorem revenue of all these local governments except that no
local government may receive more than the amount to which it is entitled
pursuant to NRS 354.59811 and 354.59816. When any local government has received
the maximum supplemental city-county relief tax calculated to be distributed to
it, any remaining money otherwise distributable to it must be deposited in the
reserve fund for the supplemental city-county relief tax.

3. As used in this section, the basic ad
valorem revenue:

(a) Of each local government is its assessed
valuation, excluding net proceeds of mines, for the year of distribution,
multiplied by the rate levied on its behalf for the fiscal year ending June 30,
1981, for purposes other than paying the interest on and principal of its
general obligations. For the purposes of this paragraph:

(1) A county whose actual tax rate, for
purposes other than debt service, for the fiscal year ending on June 30, 1981,
was less than 50 cents per $100 of assessed valuation is entitled to the use of
a rate not greater than 80 cents per $100 of assessed valuation.

(2) A fire protection district in such a
county whose tax rate was more than 50 cents per $100 of assessed valuation is
entitled to the use of a rate not greater than $1.10 per $100 of assessed
valuation.

(b) Of the county for the distribution under
subsection 1 is the sum of its individual basic ad valorem revenue and those of
the other local governments within it, excluding the school district and any
district created under chapter 318 of NRS to furnish emergency medical
services.

(c) Of a local government
listed in subsection 1 of section 1 of this act does not include any increase
in the basic ad valorem revenue pursuant to that section.

4. For the purposes of this section, a
fire protection district organized pursuant to chapter 473 of NRS is a local
government.

Sec. 5. This act becomes
effective upon passage and approval.

________

CHAPTER 447, SB 256

Senate Bill No. 256Committee
on Human Resources and Facilities

CHAPTER 447

AN ACT relating to dangerous drugs;
eliminating certain restrictions on sales of dangerous drugs by pharmacies;
requiring pharmacies to maintain records of such sales; requiring certain
pharmacies which supply ambulances to comply with applicable regulations of the
state board of health; reducing the period that certain records must be
maintained; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 454.279 is
hereby amended to read as follows:

454.279 1. A practitioner
may purchase supplies of poisons, dangerous drugs and devices from a pharmacy . [by:

(a) Making an oral order
or transmitting an oral order through his agent; or

(b) Presenting to the
pharmacy a written order signed by him or transmitting such an order through
his agent.]

2. A hospital pharmacy or a pharmacy
designated for this purpose by a district health officer may sell the holder of
a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies
of dangerous drugs to stock his ambulances or other authorized vehicles or
replenish the stock if [:

(b) An oral order is made
by the holder of the permit or transmitted through his agent,

and] the intermediate
emergency medical technician, the advanced emergency medical
technician-ambulance or the registered nurse who is in charge of the dangerous
drugs is, respectively, appropriately certified by the health division or
licensed by the state board of nursing.

3. A pharmacy or
hospital pharmacy that sells supplies pursuant to this section shall maintain a
record of each sale which must contain:

(a) The date of the sale;

(b) The name, address and
signature of the purchaser or the person receiving the delivery;

(c) The name of the
dispensing pharmacist;

(d) The name and address
of the authorizing practitioner; and

(e) The name, strength
and quantity of each drug sold.

4. A pharmacy or
hospital pharmacy that supplies the initial stock for an ambulance or other
emergency vehicle shall comply with the applicable regulations adopted by the
state board of health pursuant to NRS 450B.120.

5. The
state board of pharmacy shall adopt additional regulations
, consistent with the provisions of this chapter, regarding
the records a pharmacist shall keep of any purchase made pursuant to this
section.

Sec. 2. NRS 454.286 is
hereby amended to read as follows:

454.286 1. Every retail
pharmacy, hospital, laboratory, wholesaler, manufacturer, or any practitioner
who engages in the practice of dispensing or furnishing drugs to patients shall
maintain a complete and accurate record of all dangerous drugs purchased and
those sold on prescription, dispensed, furnished or disposed of otherwise.

2. [Such]The records must be retained for a period of [5]2 years
and are open to inspection by members, inspectors or investigators of the board
or inspectors of the Food and Drug Administration. No special form of record is
required if an accurate accountability can be furnished within a reasonable
time after a demand by a person authorized to inspect [such]the records.

3. Invoices showing all purchases of
dangerous drugs constitute a complete record of all dangerous drugs received.

4. For the purpose of this section, the
prescription files of a pharmacy constitute a record of the disposition of all
dangerous drugs.

Sec. 3. Section 1 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

κ1987
Statutes of Nevada, Page 1035κ

CHAPTER 448, SB 418

Senate Bill No. 418Committee
on Natural Resources

CHAPTER 448

AN ACT relating to state lands;
authorizing the department of transportation to convey certain real property to
the Nevada state rural housing authority; and providing other matters properly
relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
department of transportation may convey, without consideration, to the Nevada
state rural housing authority that parcel of real property in Carson City,
Nevada, described as being a portion of the NW 1/4 of the SW 1/4 of Section 20,
Township 15 North, Range 20 East, M.D.B. & M., and more fully described by
metes and bounds as follows:

Commencing at an
intersection of the southerly right-of-way line of Fairview Drive and the right
or easterly right-of-way line of US-50 at a point 100.00 feet right of and at
right angles to Highway Engineers Station 0 125+99.37 P.O.T.; said point of
beginning further described as bearing North 24°0001 East, a distance of
2,724.41 feet from the southwest corner of Section 20, Township 15 North, Range
20 East, M.D.B. & M.; thence south 89°1320 East, along said southerly
right-of-way line of Fairview Drive, a distance of 50.00 feet to a point on the
former right or easterly 150 foot right-of-way line of US-50; thence South
01°1113 West, along said former right-of-way line, a distance of 172.82 feet
to a point; thence from a tangent which bears the last described course curving
to the right, along said former right-of-way line, with a radius of 5,150 feet,
through an angle of 07°2019, with an arc distance of 659.63 feet to a point;
thence South 08°3132 West, along said former right-of-way line, a distance of
327.78 feet to an intersection with the northerly right-of-way line of Colorado
Street; thence North 89°0550 West, along said right-of-way line, a distance
of 50.45 feet to an intersection with said right or easterly 100 foot
right-of-way line of US-50; thence North 08°3132 East, along said line, a
distance of 334.47 feet to a point; thence from a tangent which bears the last
described course curving to the left along said line, with a radius of 5,100
feet, through an angle of 07°2019, with an arc distance of 653.22 feet to a
point; thence North 01°1113 East, along said line, a distance of 172.46 feet
to the true point of beginning; said parcel containing an area of 58,015 square
feet (1.33 acres), more or less.

2. The real property described in
subsection 1 must be conveyed subject to:

(a) Any existing utilities whether of record or
not; and

(b) Any restrictions on use or reconveyance
necessary to ensure compliance with the Nevada
Constitution and any applicable federal requirements concerning land purchased
with federal highway money.

compliance with the Nevada Constitution and any applicable
federal requirements concerning land purchased with federal highway money.

________

CHAPTER 449, AB 809

Assembly Bill No. 809Committee
on Judiciary

CHAPTER 449

AN ACT relating to privileged
communications; revising the provisions governing such communications between
doctors and their patients; and providing other matters properly relating
thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 49.245 is
hereby amended to read as follows:

49.245 There is no privilege under NRS
49.225 or 49.235:

1. For communications relevant to an
issue in proceedings to hospitalize the patient for mental illness, if the
doctor in the course of diagnosis or treatment has determined that the patient
is in need of hospitalization.

2. As to communications made in the
course of a court-ordered examination of the condition of a patient with
respect to the particular purpose of the examination unless the court orders
otherwise.

3. As to [communications]written medical or hospital records relevant to
an issue of the condition of the patient in any proceeding in which the
condition is an element of a claim or defense.

4. In a prosecution or mandamus
proceeding under chapter 441 of NRS.

5. As to any information communicated to
a physician in an effort unlawfully to procure a dangerous drug or controlled
substance, or unlawfully to procure the administration of any such drug or
substance.

6. As to any [communication
placed in health care]written medical or
hospital records which are furnished in accordance with the provisions
of NRS 629.061.

7. As to records that are required by
chapter 453 of NRS to be maintained.

8. In a review before a screening panel
pursuant to NRS 41A.003 to 41A.069, inclusive.

Sec. 2. NRS 49.245 is hereby
amended to read as follows:

49.245 There is no privilege under NRS
49.225 or 49.235:

1. For communications relevant to an
issue in proceedings to hospitalize the patient for mental illness, if the
doctor in the course of diagnosis or treatment has determined that the patient
is in need of hospitalization.

2. As to communications made in the
course of a court-ordered examination of the condition of a patient with
respect to the particular purpose of the examination unless the court orders
otherwise.

3. As to [communications]written medical or hospital records relevant to
an issue of the condition of the patient in any proceeding in which the
condition is an element of a claim or defense.

4. In a prosecution or mandamus
proceeding under chapter 441 of NRS.

5. As to any information communicated to
a physician in an effort unlawfully to procure a dangerous drug or controlled
substance, or unlawfully to procure the administration of any such drug or
substance.

6. As to any [communication
placed in health care]written medical or
hospital records which are furnished in accordance with the provisions
of NRS 629.061.

7. As to records that are required by
chapter 453 of NRS to be maintained.

Sec. 3. 1. This
section and section 1 of this act become effective on July 1, 1987.

2. Section 2 of this act becomes
effective at 12:01 a.m. on June 30, 1989.

3. Section 1 of this act expires by
limitation on June 30, 1989.

________

CHAPTER 450, AB 592

Assembly Bill No. 592Assemblyman
Freeman

CHAPTER 450

AN ACT relating to dead bodies; allowing a
licensed nurse to remove eyes to carry out a gift made pursuant to the Uniform
Anatomical Gift Act; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 451.583 is
hereby amended to read as follows:

451.583 A licensed funeral director, a
licensed embalmer , [or]
a medical technician or a licensed nurse may
enucleate an eye of a dead person in order to carry out a gift made pursuant to
the Uniform Anatomical Gift Act if the director, embalmer , [or]
technician or nurse has successfully completed a
course, approved by the board of medical examiners, in the procedure for
enucleation of eyes.

________

κ1987
Statutes of Nevada, Page 1038κ

CHAPTER 451, AB 166

Assembly Bill No. 166Committee
on Education

CHAPTER 451

AN ACT relating to handicapped persons;
authorizing the superintendent of public instruction to provide for the
education and care of certain handicapped persons in foster homes outside of
this state; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 395.010 is
hereby amended to read as follows:

395.010 1. The
superintendent of public instruction may provide for the education and care of
any handicapped person who is eligible for such benefits by:

(a) Making arrangements with the governing body
of any institution for the handicapped in any state having any such
institution.

(b) Placing the handicapped person in a foster
home or other residential facility in [a county
in]or outside of this state having
an appropriate special education program for his particular handicap.

2. The superintendent of public
instruction may make all necessary contracts, in accordance with any
regulations the state board of education may prescribe, to carry out the
provisions of this chapter.

________

CHAPTER 452, SB 487

Senate Bill No. 487Committee
on Commerce and Labor

CHAPTER 452

AN ACT relating to insurance; authorizing
the commissioner of insurance to adopt regulations to allow the charging of a
fee for consultation on the purchase of certain types of insurance whether or
not a purchase results; providing that compensation paid for consultation or
related advice is not a premium; and providing other matters properly relating
thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 686A.230 is
hereby amended to read as follows:

686A.230 1. A person shall
not willfully collect any sum as a premium or charge for insurance which is not
then provided or is not in due course to be provided , [(] subject to acceptance of the risk by
the insurer , [)]
by an insurance policy issued by an insurer as authorized by this code.

2. Except as otherwise
provided in subsection 3, a person shall not willfully collect as a
premium or charge for insurance any sum in excess of the
premium or charge applicable to the insurance and as specified in the policy,
in accordance with the applicable classifications and rates as filed with and
approved by the commissioner .

the premium or charge applicable to the insurance and as
specified in the policy, in accordance with the applicable classifications and
rates as filed with and approved by the commissioner . [; or, in]In cases
where classifications, premiums or rates are not required by this code to be so
filed and approved, the premiums and charges must not be in excess of those
specified in the policy and as fixed by the insurer. This subsection does not
prohibit:

(a) The charging and collection, by surplus
lines brokers licensed under chapter 685A of NRS, of the amount of applicable
state and federal taxes and nominal service charge to cover expenses for
communication, in addition to the premium required by the insurer.

(b) The charging and collection, by a life
insurer, of amounts actually to be expended for the medical examination of any
applicant for life insurance or for reinstatement of a life insurance policy.

3. The commissioner may adopt regulations
to allow the charging and collection of a fee by an insurance broker,
consultant or financial planner:

(a) In lieu of any other charge or commission
for solicitation, negotiation or procurement of a policy of insurance which
covers commercial or business risks;

(b) For consultation or any related advice on
the insuring of commercial or business risks which does not result in the
procurement of a policy of insurance; and

(c) For consultation or related advice on the
purchase of life or health insurance or an annuity [which
does not result], whether or not it
results in the purchase of a policy of insurance or annuity. In such a
case, the fee must be set forth in a written contract signed by the client
before the consultation begins.

4. An agent or
broker who provides consultation or related advice pursuant to this section
must do so pursuant to a written contract specifying the compensation he will
receive. The compensation may be in addition to or in lieu of a commission and
is not a premium as defined in NRS 679A.115.

________

κ1987
Statutes of Nevada, Page 1040κ

CHAPTER 453, SB 319

Senate Bill No. 319Committee
on Commerce and Labor

CHAPTER 453

AN ACT relating to providers of health
care; making the failure of a dentist to allow the inspection and copying of
the health care records of a patient under certain circumstances an act of
unprofessional conduct; requiring certain providers of health care to make
available to the appropriate licensing board the health care records of
patients for inspection and copying; and providing other matters property
relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 629.061 is
hereby amended to read as follows:

629.061 1. Each provider of
health care shall make the health care records of a patient available for
physical inspection by:

(a) The patient or a representative with written
authorization from the patient; or

(b) Any authorized representative or
investigator of the board [of medical examiners
in the course of any investigation conducted pursuant to NRS 630.311, upon the
request of any of them.]which issued the
license to the provider of health care, during the course of any authorized
investigation of that person.

The records must be made available at a place within the
depository convenient for physical inspection and inspection must be permitted
at all reasonable office hours and for a reasonable length of time. The
provider of health care shall also furnish a copy of the records to each person
described in paragraphs (a) and (b) of this subsection who requests it and pays
the costs of making the copy, not to exceed 60 cents per page for photocopies
and a reasonable cost for copies of X-ray photographs and other health and care
records produced by similar processes.

2. Records made available to a
representative or investigator of [the board of
medical examiners in accordance with the provisions of this section]such a board must not be used at any public
hearing unless:

(a) The patient named in the records has
consented in writing to their use; or

(b) Appropriate procedures are utilized to
protect the identity of the patient from public disclosure.

This subsection does not prohibit [the
board of medical examiners]that board
from providing to a [physician]provider of health care against whom a complaint or
written allegation has been filed, or to his attorney, information on the
identity of a patient whose records may be used in a public hearing relating to
the complaint or allegation, but the [physician]provider of health care and his attorney shall
keep the information confidential.

3. A provider of health care, his agents
and employees are immune from any civil action for any
disclosures made in accordance with the provisions of this section or any
consequential damages.

any civil action for any disclosures made in accordance with
the provisions of this section or any consequential damages.

Sec. 2. NRS 631.3465 is
hereby amended to read as follows:

631.3465 The following acts, among
others, constitute unprofessional conduct:

1. Dividing fees or agreeing to divide
fees received for services with any person for bringing or referring a patient,
without the knowledge of the patient or his legal representative, but licensed
dentists are not prohibited from:

(a) Practicing in a partnership and sharing
professional fees;

(b) Employing another licensed dentist or dental
hygienist; or

(c) Rendering services as a member of a
nonprofit professional service corporation.

2. Associating with or lending his name
to any person engaged in the illegal practice of dentistry or associating with
any person, firm or corporation holding himself or itself out in any manner
contrary to the provisions of this chapter.

3. Associating with or being employed by [,] a person not licensed pursuant to
this chapter if that person exercises control over the services offered by the
dentist, owns all or part of the dentists practice or receives or shares the
fees received by the dentist. The provisions of this subsection do not apply to
a dentist who associates with or is employed by a person who owns or controls a
dental practice pursuant to NRS 631.385.

4. Using the name clinic, institute, referral services or other title or designation that
may suggest a public or semipublic activity.

5. Practicing under the name of a dentist
who has not been in active practice for more than 1 year.

Sec. 3. NRS 631.3485 is
hereby amended to read as follows:

631.3485 The following acts, among
others, constitute unprofessional conduct:

1. Willful or repeated violations of the
provisions of this chapter;

2. Willful or repeated violations of the
regulations of the state board of health, the
state board of pharmacy or the board of dental examiners [; or]of Nevada;

3. Failure to pay the fees for a license [.]; or

4. Failure to make
the health care records of a patient available for inspection and copying as
provided in NRS 629.061.

Sec. 4. Section 3 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

κ1987
Statutes of Nevada, Page 1042κ

CHAPTER 454, SB 450

Senate Bill No. 450Committee
on Government Affairs

CHAPTER 454

AN ACT relating to public works; requiring
a public body to reimburse a contractor for certain costs incurred in locating
an underground facility of a public utility on the site of a public work; and
providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS Chapter 338 is
hereby amended by adding thereto a new section to read as follows:

If a public body directs a
contractor to locate the facility of a public utility placed underground on the
site of a public work, the public body shall reimburse the contractor for the
difference between the costs incurred in finding the actual location of the
facility and the costs of finding the reputed location of the facility.

________

CHAPTER 455, SB 35

Senate Bill No. 35Committee
on Human Resources and Facilities

CHAPTER 455

AN ACT relating to emergency medical care;
requiring the state board of health to establish certain programs concerning
the treatment of physical trauma; and providing other matters properly relating
thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 450B of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6, inclusive, of this act.

Sec. 2. Trauma means any acute injury which, according to
standardized criteria for triage in the field, involves a significant risk of
death or the precipitation of complications or disabilities.

Sec. 3. A person shall not operate a center for the treatment of
trauma without first applying for and obtaining the written approval of the
administrator of the health division.

Sec. 4. 1. The board shall establish a program for
treating persons who require treatment for trauma and for transporting and
admitting such persons to centers for the treatment of trauma. The program must
provide for the development, operation and maintenance of a system of
communication to be used in transporting such persons to the appropriate
centers.

2. The board shall
adopt regulations which establish the standards for the designation of
hospitals as centers for the treatment of trauma. The board shall consider the
standards adopted by the American College of Surgeons
for a center for the treatment of trauma as a guide for such regulations.

Surgeons for a center for the
treatment of trauma as a guide for such regulations. The administrator of the
health division shall not approve a proposal to designate a hospital as a
center for the treatment of trauma unless the hospital meets the standards.

3. Upon approval
by the administrator of the health division of a proposal to designate a
hospital as a center for the treatment of trauma, he shall issue written
approval which designates the hospital as such a center. As a condition of
continuing designation the hospital must comply with the following
requirements:

(a) The hospital must
admit any injured person who requires medical care.

(b) Any physician who
provides treatment for trauma must be qualified to provide that treatment.

(c) The hospital must
maintain the standards specified in the regulations adopted pursuant to
subsection 2.

Sec. 5. The board shall adopt regulations which require each hospital
to record and maintain information concerning the treatment of trauma in the
hospital. The board shall consider the guidelines adopted by the American
College of Surgeons which concern the information which must be recorded.

Sec. 6. In addition to the education and training required by this
chapter, the health division shall cooperate with the American College of
Surgeons to provide training in the treatment of trauma.

Sec. 7. NRS 450B.020 is
hereby amended to read as follows:

450B.020 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 450B.030 to 450B.110,
inclusive, and section 2 of this act, have the
meanings ascribed to them in those sections.

Sec. 8. 1. This
section and subsections 1 and 2 of section 4 of this act become effective upon
passage and approval.

2. Sections 1, 2 and 3, subsection 3 of
section 4, and sections 5, 6 and 7 of this act become effective on July 1,
1987.

________

CHAPTER 456, AB 535

Assembly Bill No. 535Committee
on Government Affairs

CHAPTER 456

AN ACT relating to school districts;
accelerating the date for preparation of the annual audit of a school district;
and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 354.624 is
hereby amended to read as follows:

354.624 1. Each local
government shall provide for an annual audit of all funds and separate accounts
of that local government in banks or savings and loan associations, established under NRS 354.603, [of that
local government,] and may provide for more frequent audits as it deems
necessary.

and loan associations, established under NRS 354.603, [of that local government,] and may
provide for more frequent audits as it deems necessary. [Each]Except as provided in subsection 2, each annual
audit must be concluded and the [audit]
report of the audit submitted to the governing
body as provided in subsection [4]5 not later than 5 months after the close of the fiscal
year for which the audit is conducted. An extension of this time may be granted
by the department of taxation to any local government which makes application
for an extension. If the local government fails to provide for an audit in
accordance with the provisions of this section, the department of taxation
shall cause [such an]the audit to be made at the expense of the local
government. All audits must be made by a public accountant certified or
registered or by a partnership or professional corporation registered under the
provisions of chapter 628 of NRS.

2. The annual
audit of a school district must be concluded and the report submitted to the
board of trustees as provided in subsection 5 not later than 4 months after the
close of the fiscal year for which the audit is conducted.

3. The
governing body may, without requiring competitive bids, designate the auditor
or firm annually. The auditor or firm must be designated not later than 3
months before the close of the fiscal year for which the audit is to be made.

[3.]4. Each annual audit must cover the
business of the local government during the full fiscal year. It must be a
financial audit conducted in accordance with generally accepted auditing
standards, including comment on compliance with statutes and regulations,
recommendations for improvements [,]
and any other comments deemed pertinent by the auditor, [and]
including his expression of opinion on the financial statements. The form of
the financial statements must be prescribed by the department of taxation, and
the chart of accounts must be as nearly as possible the same as that used in
the preparation and publication of the annual budget. The [audit] report of
the audit must compare operations of the local government with the
approved budget and include a statement from the auditor that previously noted
deficiencies in operations and previously made recommendations for improvements
contained in previous [audit]
reports have been acted upon by adoption as recommended, adoption with
modifications [,] or rejection.

[4.]5. The recommendation and the summary of
the narrative comments contained in the [audit]
report of the audit must be read in full at a
meeting of the governing body held not more than 30 days after the report is
submitted to it. Immediately thereafter, the entire [audit]
report, together with any related letter to the governing body required by
generally accepted auditing standards or by regulations adopted pursuant to NRS
354.594, must be filed as a public record with:

(a) The clerk or secretary of the governing
body;

(b) The county clerk;

(c) The department of taxation; and

(d) In the case of a school
[districts,]district, the department of education.

[5.]6. The governing body shall act upon the recommendations of the report of the audit [recommendations] within 6 months [following]after
receipt of the [audit report, except as]report, unless prompter action is required
concerning violations of law or regulation, by setting forth in its minutes its
intention to adopt the recommendations, to adopt them with modifications or to
reject them for reasons shown in the minutes.

________

CHAPTER 457, AB 526

Assembly Bill No. 526Committee
on Government Affairs

CHAPTER 457

AN ACT relating to public works projects;
authorizing a public body to discard after a certain period its record of the
employees on a project; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 338.070 is
hereby amended to read as follows:

338.070 1. Any public body
and its officers or agents awarding a contract shall:

(a) Take cognizance of complaints of violations
of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course
of the execution of the contract; and

(b) When making payments to the contractor of
money becoming due under the contract, withhold and retain therefrom all sums
forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.

2. No sum may be withheld, retained or
forfeited, except from the final payment, without a full investigation being
made by the awarding body or its agents.

3. It is lawful for any contractor to
withhold from any subcontractor under him sufficient sums to cover any
penalties withheld from him by the awarding body on account of the
subcontractors failure to comply with the terms of NRS 338.010 to 338.090,
inclusive. If payment has already been made to the subcontractor, the
contractor may recover from him the amount of the penalty or forfeiture in a
suit at law.

4. The contractor and each subcontractor
shall keep or cause to be kept an accurate record showing the name, occupation
and the actual per diem, wages and benefits paid to each workman employed by
him in connection with the public work.

5. The record must be open at all
reasonable hours to the inspection of the public body awarding the contract,
and its officers and agents. A copy of the record for each calendar month must
be sent to the labor commissioner no later than 1 week after the end of the
month. The record in the possession
of the public body awarding the contract may be discarded by the public body 1
year after final payment is made by the public body for the public work.

possession of the public body
awarding the contract may be discarded by the public body 1 year after final
payment is made by the public body for the public work.

6. Any contractor or subcontractor, or
agent or representative thereof, doing public work who neglects to comply with
the provisions of this section is guilty of a misdemeanor.

________

CHAPTER 458, SB 347

Senate Bill No. 347Committee
on Commerce and Labor

CHAPTER 458

AN ACT relating to contractors;
authorizing the state contractors board to issue subpenas in connection with
an investigation of an unlicensed contractor; authorizing the board to issue an
order to cease and desist to any unlicensed contractor who submits a bid on a
job in this state; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 624.170 is
hereby amended to read as follows:

624.170 1. Any member of the
board or the executive officer may take testimony and proofs concerning all
matters within the jurisdiction of the board.

2. The board or any member thereof, or
the executive officer, may:

(a) Administer oaths.

(b) Certify to all official acts.

(c) Issue subpenas for attendance of witnesses
and the production of books and papers [.]in connection with any hearing before the board or any
investigation by the board of an unlicensed contractor.

Sec. 2. NRS 624.180 is
hereby amended to read as follows:

624.180 1. [In any hearing the]Any process issued by the board or
the executive officer may extend to all parts of the state and may be
served by an investigator for the board or any person authorized to serve
process of courts of record.

2. The board may compensate any person
serving the process who is not an investigator for the board, but not more than
the fees prescribed by law for similar service. The fees must be paid in the
same manner as other expenses of the board are paid.

Sec. 3. NRS 624.190 is
hereby amended to read as follows:

624.190 1. The district
court in and for the county in which any hearing [may
be]or investigation is held by the
board [shall have the power to]may compel the attendance of witnesses, the giving of
testimony and the production of books and papers as required by any subpena
issued by the board [.]or the executive officer.

2. In case of the refusal of any witness
to attend or testify or produce any papers required by
[such] the subpena the board may report to the district court in and for the county
in which the hearing [is pending] or investigation will be held by petition,
setting forth that [due] :

any papers required by [such]the subpena the board may report to the district
court in and for the county in which the hearing [is
pending]or investigation will be held
by petition, setting forth that [due]:

(a) Due notice has
been given of the time and place of attendance of the witness or the production
of the books or papers [, and that the];

(b) The witness
has been subpenaed in the manner prescribed in this chapter [, and that the];
and

(c) The witness has
failed and refused to attend or produce the papers required by subpena before
the board in the cause or proceeding named in the subpena, or has refused to
answer questions propounded to him in the course of [such
hearing,]the hearing or investigation,

and ask an order of the court compelling the witness to
attend and testify or produce the books or papers before the board.

3. The court, upon petition of the board,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in the order, the time to be not more than
10 days [from]after the date of the order, and then and there show
cause why he has not attended or testified or produced the books or papers
before the board. A certified copy of the order [shall]must be served upon the witness.

4. If it [shall
appear]appears to the court that
the subpena was regularly issued by the board [,]or the executive officer, the court shall
thereupon enter an order that the witness appear before the board at the time
and place fixed in the order and testify or produce the required books or
papers . [, and
upon]Upon failure to obey the
order the witness [shall]must be dealt with as for contempt of court.

Sec. 4. NRS 624.200 is
hereby amended to read as follows:

624.200 The board may in any hearing or investigation before it cause the depositions of
witnesses residing within or without the state to be taken in the manner
prescribed by the Nevada Rules of Civil Procedure for like depositions in civil
actions in the district courts of this state, and to that end may compel the
attendance of witnesses and the production of books and papers.

Sec. 5. NRS 624.210 is
hereby amended to read as follows:

624.210 Any party to any hearing or investigation before the board [shall have]has
the right to the attendance of witnesses in his behalf at [such]the
hearing or investigation or upon deposition as
set forth in this chapter upon making a request
therefor to the board and designating the person [or
persons] sought to be subpenaed.

Sec. 6. NRS 624.212 is
hereby amended to read as follows:

624.212 1. The board may
issue an order to cease and desist to any person [acting]:

(a) Acting as a
contractor ; or

(b) Submitting a bid on a
job situated in this state,

without a license [.]as a contractor issued pursuant to this chapter.
The order must be served personally or by certified mail and is effective upon
receipt.

2. When it appears that any person has
engaged in acts or practices which constitute a violation
of this chapter or the violation of an order issued pursuant to subsection 1,
the board may request the district attorney of the county in which the alleged
violation occurred, or the district attorney of any other county in which that
person maintains a place of business or resides, to apply on behalf of the
board to the district court for an injunction restraining him from acting in
violation of this chapter, and upon a proper showing, a temporary restraining
order, a preliminary injunction or a permanent injunction may be granted.

which constitute a violation of this chapter or the
violation of an order issued pursuant to subsection 1, the board may request
the district attorney of the county in which the alleged violation occurred, or
the district attorney of any other county in which that person maintains a
place of business or resides, to apply on behalf of the board to the district
court for an injunction restraining him from acting in violation of this
chapter, and upon a proper showing, a temporary restraining order, a
preliminary injunction or a permanent injunction may be granted. The board as
plaintiff in [any such]the action is not required to prove any irreparable
injury.

3. If the court finds that the person
willfully violated an order issued pursuant to subsection 1, it shall impose a
fine of not less than $250 nor more than $1,000 for each violation of the
order.

________

CHAPTER 459, SB 182

Senate Bill No. 182Committee
on Commerce and Labor

CHAPTER 459

AN ACT relating to real estate; increasing
the showing required to be made by a person filing a petition for recovery from
the real estate education, research and recovery fund; and providing other
matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 645.844 is
hereby amended to read as follows:

645.844 1. Except as
otherwise provided in subsection 2, when any person obtains a final judgment in
any court of competent jurisdiction against any licensee or licensees under
this chapter, upon grounds of fraud, misrepresentation or deceit with reference
to any transaction for which a license is required under this chapter, that
person, upon termination of all proceedings, including appeals in connection
with any judgment, may file a verified petition in the court in which the
judgment was entered for an order directing payment out of the fund in the
amount of the unpaid actual damages included in the judgment, but not more than
$10,000 per judgment. The liability of the fund does not exceed $20,000 for any
person licensed pursuant to this chapter, whether he is licensed as a
partnership, association or corporation or as a natural person, or both. The
petition must state the grounds which entitle the person to recover from the
fund.

2. A person who is licensed pursuant to
this chapter may not recover from the fund for damages which are related to a
transaction in which he acted in his capacity as a licensee.

must be served upon the administrator and the judgment
debtor and affidavits of service must be filed with the court.

4. Upon the hearing on the petition, the
petitioner [shall]must show that:

(a) He is not the spouse of the debtor, or the
personal representative of that spouse.

(b) He has complied with all the requirements of
NRS 645.841 to 645.8494, inclusive.

(c) He has obtained a judgment of the kind
described in subsection 1, stating the amount thereof, the amount owing thereon
at the date of the petition, and that the action in which the judgment was
obtained was based on fraud, misrepresentation or deceit of the licensee in a
transaction for which a license is required pursuant to this chapter.

(d) A writ of execution has been issued upon the
judgment and that no assets of the judgment debtor liable to be levied upon in
satisfaction of the judgment could be found, or that the amount realized on the
sale of assets was insufficient to satisfy the judgment, stating the amount so
realized and the balance remaining due.

(e) He has made reasonable searches and
inquiries to ascertain whether the judgment debtor possesses real or personal
property or other assets, liable to be sold or applied in satisfaction of the
judgment [.

(f)], and after reasonable efforts that no property or assets
could be found or levied upon in satisfaction of the judgment.

(f) He has made
reasonable efforts to recover damages from each and every judgment debtor.

(g) The petition
has been filed no more than 1 year after the termination of all proceedings,
including reviews and appeals, in connection with the judgment.

5. The provisions of this section do not
apply to owner-developers.

________

CHAPTER 460, AB 738

Assembly Bill No. 738Committee
on Ways and Means

CHAPTER 460

AN ACT relating to children; authorizing
programs during the day for the supervision of youthful offenders who are
paroled; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 210.750 is
hereby amended to read as follows:

210.750 1. Each person who
is paroled from the Nevada youth training center or the Nevada girls training
center must be placed in a reputable home and in either an educational or work
program or both. The chief of the youth parole bureau may
pay the expenses incurred in providing [the home] alternative placements for
residential programs and for structured nonresidential programs from money
appropriated to the bureau for that purpose.

youth parole bureau may pay the expenses incurred in
providing [the home]alternative placements for residential programs and for structured
nonresidential programs from money appropriated to the bureau for that
purpose.

2. The chief may accept money of parolees
for safekeeping pending their discharges from parole. The chief must deposit
the money in federally insured accounts in banks or savings and loan
associations. He shall keep or cause to be kept a fair and full account of the
money, and shall submit such reports concerning the accounts to the
administrator of the youth services division of the department of human
resources as the administrator may require . [from time to time.]

3. When any person so paroled has proven
his ability to make an acceptable adjustment outside the center or, in the
opinion of the chief, is no longer amenable to treatment as a juvenile, the
chief shall apply to the committing court for a dismissal of all proceedings
and accusations pending against the person.

4. Before the chief recommends that the
committing court revoke a persons parole, he shall ascertain from the
superintendent of the appropriate center whether adequate facilities remain
available at the center to provide the necessary care for the person. If the
superintendent advises that there are not such facilities available, there is
not enough money available for support of the person at the center, or that the
person is not suitable for admission to the center, the chief shall report that
fact to the court and recommend a suitable alternative.

________

CHAPTER 461, AB 674

Assembly Bill No. 674Committee
on Government Affairs

CHAPTER 461

AN ACT relating to cities; authorizing the
reading of ordinances proposed by certain cities by title only in lieu of
reading in full before final passage; requiring that copies of the ordinance be
made available for public examination; and providing other matters properly
relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 266.115 is
hereby amended to read as follows:

266.115 1. The style of
ordinances must be as follows: The City Council of the City of
......................... do ordain. All proposed ordinances, when first
proposed, must be read by title to the city council and may be referred to a
committee of any number of the members of the council for consideration, after
which [at least one copy]an adequate number of copies of the ordinance must be [filed]deposited
with the city clerk for public examination [.]

clerk for public examination [.]and distribution upon request. Notice of the [filing,]deposit
of the copies, together with an adequate summary of the ordinance, must
be published once in a newspaper published in the city, if any, otherwise in
some newspaper published in the county which has a general circulation in the
city, at least 10 days before the adoption of the ordinance. At any meeting at which final action on the ordinance is
considered, at least one copy of the ordinance must be available for public
examination. The city council shall adopt or reject the ordinance, or
the ordinance as amended, within 30 days after the date of publication, except
that in cases of emergency, by unanimous consent of the whole council, final
action may be taken immediately or at a special meeting called for that
purpose.

2. At the next regular or adjourned
meeting of the council following the proposal of an ordinance and its reference
to committee, the committee shall report the ordinance bank to the council, and
thereafter it must be read by title and summary or in
full as first introduced, or if amended, as amended, and thereupon the proposed
ordinance must be finally voted upon or action on it postponed.

3. After final adoption the ordinance
must be signed by the mayor, and, together with the votes cast on it, must be:

(a) Published by title, together with an
adequate summary including any amendments, once in a newspaper published in the
city, if any, otherwise in a newspaper published in the county and having a
general circulation in the city; and

(b) Posted in full in the city hall.

The ordinance must go into effect 20 days after its
publication, except emergency ordinances which may be effective immediately.

Sec. 2. This act becomes
effective upon passage and approval.

________

CHAPTER 462, AB 460

Assembly Bill No. 460Committee
on Judiciary

CHAPTER 462

AN ACT relating to law enforcement
agencies; requiring law enforcement agencies to release photographs and
documentation of accidents under certain circumstances; and providing other
matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 248 of NRS
is hereby amended by adding thereto a new section to read as follows:

A sheriff shall, at the request
of a person who claims to have sustained damages as a result of an accident,
and upon receipt of a reasonable fee to cover the cost of reproduction, provide
the person or his legal representative with a copy
of the accident report and all statements by witnesses and photographs in the
possession or under the control of the sheriffs office that concern the
accident, unless the materials are privileged or confidential pursuant to a
specific statute.

with a copy of the accident report
and all statements by witnesses and photographs in the possession or under the
control of the sheriffs office that concern the accident, unless the materials
are privileged or confidential pursuant to a specific statute.

Sec. 2. Chapter 258 of NRS is
hereby amended by adding thereto a new section to read as follows:

A constable shall, at the
request of a person who claims to have sustained damages as a result of an
accident, and upon receipt of a reasonable fee to cover the cost of
reproduction, provide the person or his legal representative with a copy of the
accident report and all statements by witnesses and photographs in the
possession or under the control of the constables office that concern the
accident, unless the materials are privileged or confidential pursuant to a
specific statute.

Sec. 3. Chapter 268 of NRS is
hereby amended by adding thereto a new section to read as follows:

A police department or other
law enforcement agency of a city shall, at the request of a person who claims
to have sustained damages as a result of an accident, and upon receipt of a
reasonable fee to cover the cost of reproduction, provide the person or his
legal representative with a copy of the accident report and all statements by
witnesses and photographs in the possession or under the control of the department
or agency that concern the accident, unless the materials are privileged or
confidential pursuant to a specific statute.

Sec. 4. Chapter 269 of NRS is
hereby amended by adding thereto a new section to read as follows:

A police department or other
law enforcement agency of a town shall, at the request of a person who claims
to have sustained damages as a result of an accident, and upon receipt of a
reasonable fee to cover the cost of reproduction, provide the person or his
legal representative with a copy of the accident report and all statements by
witnesses and photographs in the possession or under the control of the department
or agency that concern the accident, unless the materials are privileged or
confidential pursuant to a specific statute.

Sec. 5. Chapter 280 of NRS is
hereby amended by adding thereto a new section to read as follows:

A metropolitan police
department shall, at the request of a person who claims to have sustained
damages as a result of an accident, and upon receipt of a reasonable fee to
cover the cost of reproduction, provide the person or his legal representative
with a copy of the accident report and all statements by witnesses and
photographs in the possession or under the control of the department that
concern the accident, unless the materials are privileged or confidential
pursuant to a specific statute.

Sec. 6. Chapter 396 of NRS is
hereby amended by adding thereto a new section to read as follows:

The police department for the
University of Nevada System shall, at the request of a person who claims to
have sustained damages as a result of an accident, and upon receipt of a
reasonable fee to cover the cost of reproduction,
provide the person or his legal representative with a copy of the accident
report and all statements by witnesses and photographs in the possession or
under the control of the department that concern the accident, unless the
materials are privileged or confidential pursuant to a specific statute.

reproduction, provide the person or
his legal representative with a copy of the accident report and all statements
by witnesses and photographs in the possession or under the control of the
department that concern the accident, unless the materials are privileged or
confidential pursuant to a specific statute.

Sec. 7. Chapter 481 of NRS is
hereby amended by adding thereto a new section to read as follows:

The Nevada highway patrol and
the investigation division shall, at the request of a person who claims to have
sustained damages as a result of an accident, and upon receipt of a reasonable
fee to cover the cost of reproduction, provide the person or his legal
representative with a copy of the accident report and all statements by
witnesses and photographs in the possession or under the control of the highway
patrol or investigation division that concern the accident, unless the
materials are privileged or confidential pursuant to a specific statute.

AN ACT relating to liquefied petroleum
gas; requiring the board for the regulation of liquefied petroleum gas to post
the agendas of its meetings at certain locations; and providing other matters
properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 590.495 is
hereby amended to read as follows:

590.495 1. The board may
hold three regular meetings per year in the months of March, July and November
at such times and at such places as may be specified by a call of the chairman.

2. Special meetings may be held at such
times and places as may be specified by a call of the chairman or a majority of
the board.

3. At the regular meeting in March of
each year, the board shall elect, by majority vote, a chairman, vice chairman
and secretary-treasurer, who shall hold their respective offices for a period
of 1 year and are thereafter ineligible to be reelected to the same office for
the next ensuing year.

4. Three members of the board constitute
a quorum, and may exercise all the power and authority conferred on the board.

5. [All
notices or calls for regular or special meetings of the board must be given at
least 2 days before the meeting specified.]In addition to any other notice, the board shall post the
agenda of each meeting in:

AN ACT relating to public health;
requiring the health division of the department of human resources to disclose
the results of certain inspections concerning facilities for skilled nursing,
facilities for intermediate care and residential facilities for groups; and
providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 449.200 is
hereby amended to read as follows:

449.200 [Information
received by the health division and records kept under the provisions of NRS
449.001 to 449.240, inclusive, are confidential and shall be disclosed only to
the state comprehensive health planning agency or in a proceeding involving the
granting or revocation of a license, or the accreditation of a hospital by the
Joint Commission on Accreditation of Hospitals.]The health division shall, upon request, disclose to any
person or governmental entity the results of its inspections of facilities for
skilled nursing, facilities for intermediate care and residential facilities
for groups regarding their compliance with applicable regulations and standards.

________

CHAPTER 465, AB 205

Assembly Bill No. 205Committee
on Judiciary

CHAPTER 465

AN ACT relating to business associations;
increasing certain fees collected by the secretary of state; providing a method
for calculating fees paid by certain insurers; providing an alternate method
for service of process upon a corporation; prohibiting a corporation from using
the same or a similar name to one held by a limited partnership; providing for
the registration of the names of certain foreign corporations and certain
limited partnerships; reducing the time within which an annulled corporation
may apply for reinstatement; reducing the period for which a name may be
reserved by a limited partnership; and providing other matters properly
relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1. The name of the corporation . [, which must not be
the same as, or deceptively similar to, the name of any other corporation
formed or incorporated in this state or of any foreign corporation authorized
to transact business within this state or a name reserved for the use of any
other proposed corporation as provided in NRS 78.040, unless the written
acknowledged consent of the other corporation or person for whom the name is
reserved to the adoption of the name is filed with the articles.]
A name appearing to be that of a natural person and containing a given name or
initials must not be used as a corporate name except with an additional word or
words such as Incorporated, Limited, Inc., Ltd., Company, Co.,
Corporation, Corp., or other word which identifies it as not being a
natural person.

2. The name of the county, and the city
or town, and the place within the county, city or town in which its principal
office or place of business is to be located in this state, giving the street
and number wherever practicable, and if not so described as to be easily
located within the county, city or town, the secretary of state shall refuse to
issue his certificate until the location is marked and established.

3. The nature of the business, or objects
or purposes proposed to be transacted, promoted or carried on by the
corporation. It is sufficient to state, either alone or with other purposes,
that the corporation may engage in any lawful activity, subject to expressed
limitations, if any. Such a statement makes all lawful activities within the
objects or purposes of the corporation.

4. The amount of the total authorized
capital stock of the corporation, and the number and par value of the shares of
which it is to consist or, if the corporation is to issue shares without par
value, the total number of shares that may be issued by the corporation, the
number of shares, if any, which are to have a par value, and the par value of
each thereof, and the number of shares which are to be without par value. If
the corporation is to issue more than one class of stock, there must be set
forth therein a statement that more than one class of stock is authorized,
whether each class is preferred, special or common, and the total number of
shares of each class of stock which the corporation may issue. If the
corporation is to issue any class or series of stock which is preferred as to
dividends, assets or otherwise, over stock of any other class or series, there
must be set forth in the certificate or articles of incorporation the limits,
if any, of variation between the respective classes or series of each class, as
to designation, voting, amount of preference upon distribution of assets, rate
of dividends, premium or redemption, conversion rights or other variations, but
in any corporation the certificate or articles of incorporation may vest
authority in the board of directors to fix and determine the designations,
rights, preferences or other variations of each class or series within each
class as provided in NRS 78.195.

5. Whether the members of the governing
board must be styled directors or trustees of the corporation, and the number,
names and post office addresses of the first board of
directors or trustees, together with any desired provisions relative to the
right to change the number of directors as provided in NRS 78.115.

addresses of the first board of directors or trustees,
together with any desired provisions relative to the right to change the number
of directors as provided in NRS 78.115.

6. Whether or not capital stock, after
the amount of the subscription price, or par value, has been paid in is subject
to assessment to pay the debts of the corporation. Unless provision is made in
the original certificate or articles of incorporation for assessment upon
paid-up stock, no paid-up stock and no stock issued as fully paid up, may ever
be assessed, and the articles of incorporation must not be amended in this
particular.

7. The name and post office address of
each of the incorporators signing the certificate or articles of incorporation.

8. Whether or not the corporation is to
have perpetual existence, and, if not, the time when its existence is to cease.

Sec. 2. NRS 78.039 is hereby
amended to read as follows:

78.039 [The]

1. Except as
otherwise provided in subsection 2, the secretary of state shall refuse
to accept for filing in his office the articles or
certificate of incorporation of any corporation whose name is the same
as or deceptively similar to [the]:

(a) The name of
any other corporation formed or incorporated in this state [or of];

(b) The name of
any foreign corporation authorized to transact business in this state [or a];

(c) A name held
reserved [and unavailable] pursuant
to NRS 78.040 [.];

(d) The name of any
limited partnership formed in this state;

(e) The name of any
foreign limited partnership authorized to transact business in this state; or

(f) A name held reserved
pursuant to NRS 88.325.

2. The secretary
of state shall accept for filing in his office the articles or certificate of a
corporation whose name is:

(a) Deceptively similar
to that used by or reserved for another entity formed or authorized to transact
business in this state; or

(b) The same as that used
by a foreign corporation or foreign limited partnership authorized to transact
business in this state, or reserved for such a use pursuant to NRS 88.325,

if the written acknowledged consent
of the other entity to the use of the name accompanies the articles or
certificate.

Sec. 3. NRS 78.040 is hereby
amended to read as follows:

78.040 1. The secretary of
state, when requested so to do, shall reserve, for a period of 90 days, the
right to use any name available [, under
subsection 1 of NRS 78.035,]under NRS
78.039, for the use of any proposed corporation. During the period, a
name so reserved is not available for use by any corporation without the
consent of the person , [or
persons,] firm or corporation at whose request the reservation
was made.

2. The use by any corporation of a name
in violation of [subsection 1 of NRS 78.035]NRS 78.039 or subsection 1 of this section may be
enjoined, notwithstanding the fact that the certificate
or articles of incorporation of the corporation may have been filed by the
secretary of state.

notwithstanding the fact that the certificate or articles of
incorporation of the corporation may have been filed by the secretary of state.

Sec. 4. NRS 78.090 is hereby
amended to read as follows:

78.090 1. Every corporation
shall have a resident agent, who may be either [an
individual]a natural person or a
corporation, resident or located in this state, in charge of its principal
office.

2. Every [such]
resident agent shall, within 10 days after acceptance of an initial appointment
as such, file a certificate thereof in the office of the secretary of state,
and a copy of [such]that certificate in the office of the county clerk of
the county in which the principal office of the corporation in this state [shall be]is
located.

3. The resident agent may be any bank or
banking corporation, or other corporation, located and doing business in this
state, and any such bank or [any such]
corporation acting as resident agent may:

(a) Act as the fiscal or transfer agent of any
state, municipality, body politic, or corporation and in [such]that
capacity may receive and disburse money.

(b) Transfer, register and countersign
certificates of stock, bonds or other evidences of indebtedness and act as
agent of any corporation, foreign or domestic, for any purpose [now or hereafter] required by statute,
or otherwise.

(c) Act as trustee under any mortgage or bond
issued by any municipality, body politic, or corporation and accept and execute
any other municipal or corporate trust not inconsistent with the laws of this
state.

(d) Receive and manage any sinking fund of any
corporation, upon such terms as may be agreed upon between the corporation and
those dealing with it.

4. Every corporation organized under this
chapter that fails or refuses to comply with the requirements of this section,
for a period of 30 days, [shall be]is subject to a fine of not less than $100 nor
more than $500, to be recovered with costs by the state, before any court of
competent jurisdiction, by action at law to be prosecuted by the attorney
general or by the district attorney of the county in which [such]the
action or proceeding to recover [such]the fine is prosecuted.

5. All legal process and any demand or
notice authorized by law to be served upon a corporation may be served upon the
resident agent of the corporation in the manner provided in subsection 2 of NRS
14.020. [This manner and mode]If any demand, notice or legal process, other than a summons
and complaint, cannot be served upon the resident agent, it may be served in
the manner provided in NRS 14.030. These manners and modes of service [is]are in
addition to any other service authorized by law.

Sec. 5. NRS 78.185 is hereby
amended to read as follows:

78.185 [In
all cases where]

1. Except as
otherwise provided in subsection 2, if any corporation is suspended from
doing business under the provisions of this chapter [,
or shall have heretofore been suspended from doing business under the
provisions of]or any previous act
of the legislature of Nevada [, and the corporate name of such corporation shall have been legally
acquired by another corporation prior to] and the name of the corporation, or
one deceptively similar to it, has been:

corporate name of such corporation
shall have been legally acquired by another corporation prior to]and the name of the corporation, or one deceptively
similar to it, has been:

(a) Legally acquired by
another corporation or a limited partnership; or

(b) Reserved for the use
of a proposed corporation or limited partnership, before the application
for reinstatement of [such]the defaulting corporation, [such]the defaulting corporation shall , in its application for reinstatement , submit to the secretary of state some other name
under which it desires its corporate existence to be reinstated. If [such]that
name is sufficiently distinctive and different from [all
existing corporations,]any name reserved
or otherwise in use, the secretary of state shall issue to [such]the
defaulting corporation a certificate of reinstatement under [such]that
new name.

2. If the
defaulting corporation submits the written consent of the entity reserving or
using a name which is the same as or similar to the defaulting corporations
old name or a new name it has submitted, it may be reinstated under that name
even though it is:

(a) The same as or
deceptively similar to the name used by a foreign corporation or foreign
limited partnership doing business in Nevada; or

(b) Deceptively similar
to the name used by, or reserved to be used by, a domestic corporation or
domestic limited partnership.

Sec. 6. NRS 78.785 is hereby
amended to read as follows:

78.785 1. The fee for filing
a certificate of change of location of a corporations principal office or
resident agent, or a new designation of resident agent following a resignation,
death or removal from the state of the resident agent previously designated, is
$10.

2. The fee for filing a designation of
resident agent, other than as provided in NRS 78.160, is $25.

3. The fee for certifying articles of incorporation
where a copy is provided is $5.

4. The fee for certifying a copy of an
amendment to articles of incorporation, or to a copy of the articles as amended
where a copy is furnished, is $5.

5. The fee for certifying an authorized
printed copy of the general corporation law as compiled by the secretary of
state is $5.

6. The fee for certifying the reservation
of a corporate name is $5.

7. The fee for
executing a certificate of corporate existence which does not list the previous
documents relating to the corporation, or a certificate of change in a
corporate name, is $10.

8. The fee
for executing , certifying or filing any
certificate not provided for in NRS 78.760 to 78.785, inclusive, is [$10.

8.]$20.

9. The fee
for comparing any document or paper submitted for certification, with the
record thereof, to ascertain whether any corrections are required to be made
before certifying, is 20 cents for each folio of 100 words of each document or
paper compared.

[9.]10. The fee for copies made at the office
of the secretary of state [from microfiche]
is $1 per page.

[10.]11. The fee for copying and providing the
copy of the list of the corporate officers is the fee for copying the necessary
pages.

[11.]12. The fee for filing a certificate of
the change of address of a resident agent is $10, plus $1 for each corporation
which he represents.

13. The fee for
filing articles of incorporation, agreements or certificates of consolidation,
certificates of merger or certificates of amendment increasing the basic
surplus of a mutual or reciprocal insurer must be computed pursuant to NRS
78.760, 78.765 and 78.770, on the basis of the amount of basic surplus of the
insurer.

Sec. 7. Chapter 80 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. A corporation
or insurance association transacting business pursuant to NRS 80.240 without
qualification or compliance with the provisions of NRS 80.010 to 80.230,
inclusive, shall register its name with the secretary of state by filing a
certificate of registration and paying a fee of $25.

2. The secretary
of state shall not accept such a certificate if the name is the same as or
deceptively similar to:

(a) The name of any
corporation formed or incorporated in this state;

(b) The name of any other
foreign corporation authorized to transact business within this state;

(c) A name reserved for
the use of any proposed corporation;

(d) The name of any
limited partnership formed in this state;

(e) The name of any
foreign limited partnership authorized to transact business in this state; or

(f) A name reserved for
the use of any proposed limited partnership,

unless the written acknowledged
consent of the corporation or limited partnership using the name, or of the
person for whom the name is reserved, to the adoption of the name is filed with
the certificate.

3. Such a
certificate of registration expires 1 year after it is filed with the secretary
of state and may be renewed by filing a certificate of renewal with the
secretary of state and paying a fee of $15.

4. If such a
certificate is not renewed within 30 days after its expiration, the secretary
of state shall, upon receipt of the appropriate certificate and applicable fee,
accept registration of that name by any other person desiring to do so.

Sec. 8. NRS 80.010 is hereby
amended to read as follows:

80.010 1. Before commencing
or doing any business in this state, every corporation organized under the laws
of another state, territory, the District of Columbia, a dependency of the
United States or a foreign country, which enters this state for the purpose of
doing business must file:

(a) In the office of the secretary of state of
Nevada:

(1) A certificate of corporate existence
issued not more than 90 days before the date of filing by an authorized officer
of the jurisdiction of its incorporation setting forth the filing of documents
and instruments related to the articles of incorporation, or the governmental
acts or other instrument or authority by which the corporation was created. If
the certificate is in a language other than English, a
translation, together with the oath of the translator and his attestation of
its accuracy, must be attached thereto.

language other than English, a translation, together with
the oath of the translator and his attestation of its accuracy, must be
attached thereto.

(2) A statement executed by an officer of
the corporation, acknowledged before a person authorized by the laws of the
place where the acknowledgment is taken to take acknowledgments of deeds,
setting forth:

(I) The name and address of its resident
agent in this state, who must be a natural person residing in, or another
corporation with its principal office located in this state;

(II) As of a date not earlier than 6
months before the date of filing, the authorized capital stock of the
corporation, the number of par value shares and their par value, and the number
of no-par-value shares, as set forth in the articles of incorporation as last
amended; and

(III) A general description of the
purposes of the corporation.

(b) In the office of the county clerk of the
county where the corporation has its principal office in Nevada, a copy of the
certificate of corporate existence certified by the secretary of state.

2. The secretary of state shall not file
the documents required by subsection 1 for any foreign corporation whose name
is the same as, or deceptively similar to [, the]:

(a) The name of
any corporation formed or incorporated in this state [or];

(b) The name of
any other foreign corporation authorized to transact business within this state
[or a];

(c) A name
reserved for the use of any proposed corporation [,];

(d) The name of any
limited partnership formed in this state;

(e) The name of any
foreign limited partnership authorized to transact business in this state; or

(f) A name reserved for the
use of any proposed limited partnership,

unless the written acknowledged consent of that other
corporation , limited partnership using the name, or
of the person for whom the name is reserved , to the adoption of the name is filed with the
documents.

Sec. 9. NRS 80.170 is hereby
amended to read as follows:

80.170 1. Subject to the
provisions of subsections 3 and 4, the secretary of state is authorized:

(a) to reinstate any corporation which has
forfeited or which forfeits its right to transact business under the provisions
of NRS 80.110 to 80.170, inclusive; and

(b) To restore to the corporation its right to
carry on business in this state, and to exercise its corporate privileges and
immunities, upon the filing with the secretary of state of an affidavit stating
the reason for the forfeiture of its right to transact business, and upon
payment to the secretary of state of all filing fees, licenses, penalties,
costs and expenses due and in arrears at the time of the forfeiture of its
right to carry on business, and also all filing fees, licenses and penalties
which have accrued since the forfeiture of its right to transact business.

2. In case payment is made and the
secretary of state reinstates the corporation to its former rights he shall:

(a) Immediately issue and deliver to the
corporation so reinstated a certificate of reinstatement authorizing it to
transact business in the same manner as if the filing fee had been paid when
due; and

(b) Upon demand, issue to the corporation one or
more certified copies of the certificate of reinstatement, a copy of which must
be filed or microfilmed in the office of the county clerk of the county in
which the principal place of business of the corporation is located or in any
other county in which it may own, hold or lease property or transact business.

3. The secretary of state shall not order
a reinstatement unless all delinquent fees, penalties and costs have been paid,
and the revocation of the right to transact business occurred only by reason of
failure to pay the fees, penalties and costs.

4. If the right of a corporation to carry
on business in this state has been annulled pursuant to the provisions of NRS
80.160 and has remained annulled for a period of [10]5 consecutive years, the right is not subject to
reinstatement.

5. At least 30 days before the right of a
corporation to reinstatement is due to expire pursuant to the provisions of
subsection 4, the secretary of state shall send notice to the last registered
agent of the corporation or to the last president of the corporation. The
notice must state the conditions under which reinstatement may be granted
before the expiration of the [10-year]5-year period.

Sec. 10. NRS 81.0095 is
hereby amended to read as follows:

81.0095 [If]

1. Except as
otherwise provided in subsection 2, if any nonprofit corporation is
suspended from doing business under the provisions of this chapter and the name
of the corporation , or one deceptively similar to it, is
legally acquired by another corporation or a limited
partnership or is reserved for its use before the application for
reinstatement of the defaulting corporation, it shall, in its application for
reinstatement, submit to the secretary of state some other name under which it
desires its corporate existence to be reinstated. If that name is sufficiently
distinctive and different from the names [of all
existing corporations,]reserved or
otherwise in use, the secretary of state shall issue to the defaulting
corporation a certificate of reinstatement under that new name.

2. If the
defaulting nonprofit corporation submits the written consent of the entity
reserving or using a name which is the same as or similar to the defaulting
corporations old name or a new name it has submitted, it may be reinstated
under that name even though it is:

(a) The same as or
deceptively similar to the name used by a foreign corporation or foreign
limited partnership doing business in Nevada; or

(b) Deceptively similar
to the name used by, or reserved to be used by, a domestic corporation or
domestic limited partnership.

Sec. 11. NRS 88.320 is
hereby amended to read as follows:

88.320 The name of each limited
partnership as set forth in its certificate of limited partnership:

(a) It is also the name of a general partner or
the corporate name of a corporate general partner; or

(b) The business of the limited partnership had
been carried on under that name before the admission of that limited partner; [and]

3. May not be [the
same as, or] deceptively similar to, the name [of]reserved or
otherwise in use by any corporation or limited partnership organized
under the laws of this state or [licensed or
registered as a foreign corporation or limited partnership]contemplated to be organized in this state, unless the
corporation or limited partnership already bearing or
reserving that name files with the secretary of state its written
consent to the use of the [same or a]
similar name by the limited partnership whose certificate is offered for filing
[.];

4. May not be the
same as the name reserved or otherwise in use by any corporation or limited
partnership organized under the laws of this state or contemplated to be
organized in this state; and

5. May not be the
same as or deceptively similar to the name reserved or otherwise in use by any
foreign corporation or foreign limited partnership, unless the foreign
corporation or foreign limited partnership already bearing or reserving that
name files with the secretary of state its written consent to the use of the
same or a similar name by the limited partnership whose certificate is offered
for filing.

Sec. 12. NRS 88.325 is
hereby amended to read as follows:

88.325 1. The exclusive
right to the use of a name may be reserved by:

(a) Any person intending to organize a limited
partnership under this chapter and to adopt that name;

(b) Any domestic limited partnership or any
foreign limited partnership registered in this state which, in either case,
intends to adopt that name;

(c) Any foreign limited partnership intending to
register in this state and adopt that name; and

(d) Any person intending to organize a foreign
limited partnership and intending to have it registered in this state and adopt
that name.

2. The reservation must be made by filing
with the secretary of state an application, executed by the applicant, to
reserve a specified name. If the secretary of state finds that the name is
available for use by a domestic or foreign limited partnership, he shall
reserve the name for the exclusive use of the applicant for a period of [120 days. Once having so reserved a name, the same
applicant may not again reserve the same name until more than 60 days after the
expiration of the last 120-day period for which that applicant reserved that
name.]90 days. The right to the
exclusive use of a reserved name may be transferred to any other person by
filing in the office of the secretary of state a notice of the transfer,
executed by the applicant for whom the name was reserved and specifying the
name and address of the transferee.

680A.230 The general corporation laws of
this state [shall]do not apply to foreign insurers holding certificates
of authority to transact insurance in this state, except as [required by NRS 80.190.]otherwise provided in NRS 80.190, 80.240 and 80.250 and
section 7 of this act.

Sec. 14. 1. A
limited partnership formed under any statute of this state before July 1, 1931,
may register its name with the secretary of state by filing a certificate of registration
and paying a fee of $25.

2. Such a certificate of registration
expires 5 years after it is filed with the secretary of state and may be
renewed by filing a certificate of renewal with the secretary of state and
paying a fee of $15.

3. If the name is not registered or the
certificate of registration is not renewed within 30 days after its expiration,
the secretary of state shall, upon receipt of the appropriate certificate and
applicable fee, accept registration of that name by any other person desiring
to do so.

Sec. 15. Section 1 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

AN ACT relating to contracts of insurance;
prohibiting an insurer from canceling, refusing to renew or increasing the
premium for certain policies as a result of claims for which the insured was
not at fault; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 687B of NRS
is hereby amended by adding thereto a new section to read as follows:

An insurer shall not cancel,
refuse to renew or increase the premium for renewal of a policy of casualty or
property insurance as a result of any claims made under the policy with respect
to which the insured was not at fault.

Sec. 2. NRS 687B.310 is
hereby amended to read as follows:

687B.310 1. NRS 687B.310 to
687B.390, inclusive, and section 1 of this act apply
to all binders and all contracts of insurance the general terms of which are
required to be approved or are subject to disapproval by the commissioner, except as otherwise provided by statute or by
rule under subsection 3.

commissioner, except as otherwise provided by statute or by
rule under subsection 3.

2. The contract may provide terms more
favorable to policyholders than are required by NRS 687B.310 to 687B.390,
inclusive [.], and section 1 of this act.

3. The commissioner may by rule exempt
from NRS 687B.310 to 687B.390, inclusive, and section 1
of this act classes of insurance contracts where the policyholders do
not need protection against arbitrary termination.

4. The rights provided by NRS 687B.310 to
687B.390, inclusive, and section 1 of this act are
in addition to and do not prejudice any other rights the policyholder may have
at common law or under other statutes.

5. NRS 687B.310 to 687B.390, inclusive, and section 1 of this act do not prevent the rescission
or reformation of any life or health insurance contract not otherwise denied by
the terms of the contract or by any other statute.

6. Any notice to an insured required
pursuant to NRS 687B.320 to 687B.350, inclusive, must be personally delivered
to the insured or mailed first class or certified to the insured at his address
last known by the insurer. The notice must state the effective date of the
cancellation or nonrenewal and be accompanied by a written explanation of the
specific reasons for the cancellation or nonrenewal.

Sec. 3. Section 2 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

CHAPTER 467, AB 546

Assembly Bill No. 546Committee
on Transportation

CHAPTER 467

AN ACT relating to motor vehicles;
limiting the class of persons who may rent or lease space for others to display
for sale any motor vehicle; providing a penalty; repealing the requirement that
the suggested retail price of a new truck or van be displayed; and providing
other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A person shall
not rent or lease space for others to display for sale any vehicle unless the:

(a) Tenant or lessee is:

(1) The
lienholder, owner or registered owner of the vehicle; or

(2) A repossessor
of the vehicle or the holder of a statutory lien on the vehicle, selling the
vehicle on the basis of bids received; and

(b) Landlord or lessor is
a manufacturer, distributor, rebuilder, lessor or dealer licensed under the
provisions of this chapter.

2. The provisions
of this section do not apply to any executor, administrator, sheriff or other
person who sells a motor vehicle pursuant to powers or duties granted or
imposed by specific statute.

3. Any person who
violates any of the provisions of this section is guilty of a misdemeanor.

Sec. 2. NRS 598.793 is
hereby repealed.

________

CHAPTER 468, AB 749

Assembly Bill No. 749Committee
on Judiciary

CHAPTER 468

AN ACT relating to insolvent insurers;
revising the definition of the claims that the Nevada insurance guaranty association
is obligated to pay or defend; and providing other matters properly relating
thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 687A.033 is
hereby amended to read as follows:

687A.033 1. Covered claim
means an unpaid claim or judgment, excluding a claim for unearned premiums,
which arises out of and is within the coverage of an insurance policy to which
this chapter applies issued by an insurer which becomes an insolvent insurer if
one of the following conditions exists:

(a) The claimant or insured , if a natural person, is a resident of this state at
the time of the insured event.

(b) The claimant or
insured, if other than a natural person, maintains its principal place of
business in this state at the time of the insured event.

(c) The property
from which the claim arises is permanently located in this state.

2. The term does not include:

(a) Any amount due any reinsurer, insurer,
insurance pool or underwriting association, as subrogation recoveries or
otherwise.

(b) That part of a loss which would not be
payable because of a provision for a deductible in the policy.

(c) Any claim filed with the association after
the final date set by the court for the filing of claims against the liquidator
or receiver of the insolvent insurer.

(d) Any obligation to make a supplementary
payment for adjustment or attorneys fees and expenses, court costs or interest
and bond premiums incurred by the insolvent insurer
before the appointment of a liquidator unless the expenses would also be a
valid claim against the insured.

incurred by the insolvent insurer before the appointment of
a liquidator unless the expenses would also be a valid claim against the
insured.

________

CHAPTER 469, AB 302

Assembly Bill No. 302Committee
on Judiciary

CHAPTER 469

AN ACT relating to civil liability;
limiting the liability of volunteers of certain charitable organizations; and
providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 2, a volunteer of a charitable organization is
immune from liability for civil damages as a result of an act or omission:

(a) Of an agent of the
charitable organization; or

(b) Concerning services
he performs for the charitable organization that are not supervisory in nature
and are not part of any duties or responsibilities he may have as an officer,
director or trustee of the charitable organization, unless his act is
intentional, willful, wanton or malicious.

2. This section
does not restrict the liability of a charitable organization for the acts or
omissions of a volunteer performing services on its behalf.

3. As used in this
section:

(a) Agent means an
officer, director, trustee or employee, whether or not compensated, or a
volunteer;

(b) Charitable
organization means a nonprofit corporation, association or organization, or a
licensed medical facility or facility for the dependent, but does not include a
fire department, law enforcement agency or auxiliary thereof; and

(c) Volunteer means an
officer, director, trustee or other person who performs services without
compensation, other than reimbursement for actual and necessary expenses on
behalf of or to benefit a charitable organization.

________

κ1987
Statutes of Nevada, Page 1067κ

CHAPTER 470, AB 811

Assembly Bill No. 811Committee
on Commerce

CHAPTER 470

AN ACT relating to insurance; revising the
provisions governing unfair practices of insurers; and providing other matters
properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 686A.310 is
hereby amended to read as follows:

686A.310 1. Engaging
in any of the following activities [with such
frequency as to indicate a general business practice shall be]is considered to be an
unfair [claims settlement practice:

1.]practice:

(a) Misrepresenting
to insureds or claimants pertinent facts or
insurance policy provisions relating to any coverage at issue.

[2.](b) Failing to acknowledge and act reasonably
promptly upon communications with respect to claims arising under insurance
policies.

[3.](c) Failing to adopt and implement reasonable
standards for the prompt investigation and processing of claims arising under
insurance policies.

[4.](d) Failing to affirm or deny coverage of claims
within a reasonable time after proof of loss requirements have been completed
and submitted by the insured.

[5.](e) Failing to effectuate prompt, fair and
equitable settlements of claims in which liability of the insurer has become
reasonably clear.

[6.](f) Compelling insureds to institute litigation
to recover amounts due under an insurance policy by offering substantially less
than the amounts ultimately recovered in actions brought by such insureds, when
[such]the
insureds have made claims for amounts reasonably similar to the amounts
ultimately recovered.

[7.](g) Attempting to settle a claim by an insured
for less than the amount to which a reasonable [man]person would have believed he was entitled by
reference to written or printed advertising material accompanying or made part
of an application.

[8.](h) Attempting to settle claims on the basis of
an application which was altered without notice to, or knowledge or consent of,
the insured, his representative, agent or broker.

[9. Failing,
after]

(i) Failing, upon payment
of a claim, to inform insured or beneficiaries [,
upon request by them,] of the coverage under which payment [has been made.

10.]is made.

(j) Making known
to insureds or claimants a practice of the insurer of appealing from
arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises
less than the amount awarded in arbitration.

purpose of compelling them to accept settlements or
compromises less than the amount awarded in arbitration.

[11.](k) Delaying the investigation or payment of
claims by requiring an insured or a claimant, or the physician of either, to
submit a preliminary claim report, and then requiring the subsequent submission
of formal proof of loss forms, both of which submissions contain substantially
the same information.

[12.](l) Failing to settle claims promptly, where
liability has become [apparent,]reasonably clear, under one portion of the insurance
policy coverage in order to influence settlements under other portions of the
insurance policy coverage.

(m) Failing to comply
with the provisions of NRS 687B.310 to 687B.390, inclusive.

(n) Failing to provide
promptly to an insured a reasonable explanation of the basis in the insurance
policy, with respect to the facts of the insureds claim and the applicable
law, for the denial of his claim or for an offer to settle or compromise his
claim.

(o) Advising an insured
or claimant not to seek legal counsel.

(p) Misleading an insured
or claimant concerning any applicable statute of limitations.

2. In addition to
any rights or remedies available to the commissioner, an insurer is liable to
its insured for any damages sustained by the insured as a result of the
commission of any act set forth in subsection 1 as an unfair practice.

________

CHAPTER 471, SB 429

Senate Bill No. 429Committee
on Commerce and Labor

CHAPTER 471

AN ACT relating to cosmetology; making
various changes regarding the board and licensure; making certain technical
clarifications; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 644.023 is
hereby amended to read as follows:

644.023 Cosmetologist means a person
who engages in the practices of:

1. Cleansing, stimulating or massaging
the scalp or cleansing or beautifying the hair by the use of cosmetic
preparations, antiseptics, tonics, lotions or creams.

2. Cutting, trimming or shaping the hair.

3. Arranging, dressing, curling, waving,
cleansing, singeing, bleaching, tinting, coloring or
straightening the hair of any person with the hands, mechanical or electrical apparatus
or appliances, or by other means, or similar work incident to or necessary for
the proper carrying on of the practice or occupation provided by the terms of
this chapter.

tinting, coloring or straightening the hair of any person
with the hands, mechanical or electrical apparatus or appliances, or by other
means, or similar work incident to or necessary for the proper carrying on of
the practice or occupation provided by the terms of this chapter.

4. Removing superfluous hair from the
body of any person by the use of electrolysis to remove the hair from the
surface of the body where the growth is a blemish, or by the use of
depilatories, waxing or tweezers [.], except for the permanent removal of hair with needles.

5. Manicuring the nails of any person.

6. Beautifying [,
massaging, cleansing or stimulating the face, neck, arms, bust or upper part of
the human body, except the hair and scalp,]or cleansing the skin of the human body by the use of
cosmetic preparations, antiseptics, tonics, lotions [or
creams.], creams or any device,
electrical or otherwise, for the care of the skin.

7. Giving facials or skin care or
applying makeup or eyelashes to any person.

Sec. 2. NRS 644.0267 is
hereby amended to read as follows:

644.0267 Facility for demonstrations
means any premises, building or part of a building where cosmetics are
demonstrated . [by
a demonstrator.]

Sec. 3. NRS 644.060 is
hereby amended to read as follows:

644.060 The members of the board shall
annually elect a president, a vice president, a
treasurer and a secretary from among their number. The members may assign the
duties of the treasurer and the secretary to one person who shall be treasurer
and secretary.

Sec. 4. NRS 644.203 is
hereby amended to read as follows:

644.203 The board shall admit to
examination for a license as an electrologist any person who has made
application to the board in the proper form and
paid the fee, and who before or on the date set for the examination:

1. Is not less than 18 years of age.

2. Is of good moral character.

3. Has successfully completed the 12th
grade in school or its equivalent.

4. Has or has completed any one of the
following:

(a) A minimum training of [1,000]500
hours under the immediate supervision of an approved electrologist in an
approved school in which the practice is taught.

(b) Study of the practice for at least 1,000
hours extending over a period of 5 consecutive months, under an electrologist
licensed pursuant to this chapter, in an approved program for electrologists
apprentices.

(c) A valid electrologists license issued by a
state whose licensing requirements are equal to or greater than those of this
state.

(d) Either training or practice, or a
combination of training and practice, in [electrolysis]electrology outside this state for a period
specified by regulations of the board.

Sec. 5. NRS 644.290 is
hereby amended to read as follows:

644.290 1. The holder of a
license issued by the board to practice any branch of cosmetology must display
the license [:

(a) In]in plain view of the public [in
his place of business or place of employment; or

(b) At]at the position where he performs his work . [, if he leases space
from the owner of a cosmetological establishment.]

2. If a person practices cosmetology in
more than one place, he must carry his license with him and display it wherever
he is actually working.

Sec. 6. NRS 644.325 is
hereby amended to read as follows:

644.325 1. An application
for renewal of any license issued pursuant to this chapter must be:

(a) Made on a form prescribed and furnished by
the board at any time during the month of June of the year in which the license
expires; and

(b) Accompanied by the fee for renewal.

2. The fees for renewal are:

(a) For manicurists, electrologists,
aestheticians, cosmetologists and demonstrators, not less than $30 and not more
than $50.

(b) For instructors, not less than $40 and not
more than $60.

(c) For cosmetological establishments, not less
than $60 and not more than $100.

(d) For schools of cosmetology, not less than
$450 and not more than $500.

(e) For facilities for demonstrations, $60.

3. For each month or fraction thereof
after July 1 in which a license is not renewed, there must be assessed and collected
at the time of renewal a penalty of $25 for a school of cosmetology and $10 for
a [cosmetologist, instructor, demonstrator and
cosmetological establishment.]cosmetological
establishment, facility for demonstration, and all persons licensed pursuant to
this chapter.

4. An application for renewal of a
license as a cosmetologist, aesthetician, electrologist, manicurist, instructor
or demonstrator must be accompanied by two current photographs of the applicant
which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be
written on the back of each photograph.

Sec. 7. NRS 644.350 is
hereby amended to read as follows:

644.350 1. The license of
every cosmetological establishment expires on July 1 [after
its issuance or renewal.]of the next
succeeding odd-numbered year.

2. If a cosmetological establishment
fails to pay the required fee by October 1 of the year in which renewal of the
license is required, the establishment must be immediately closed.

Sec. 8. NRS 644.360 is
hereby amended to read as follows:

644.360 1. Every holder of a
license issued by the board to operate a cosmetological establishment or a
facility for demonstrations shall display the license in a conspicuous place in
the principal office or place of business of the holder.

2. The operator of a cosmetological
establishment shall employ only licensed manicurists,
electrologists, aestheticians and cosmetologists at his establishment.

licensed manicurists, electrologists, aestheticians and
cosmetologists at his establishment.

3. The owner of a facility for
demonstrations shall employ only [licensed
demonstrators.]persons licensed pursuant
to this chapter.

Sec. 9. NRS 644.425 is
hereby amended to read as follows:

644.425 1. The board may
grant a temporary educational permit authorizing
a [person]current
licensee within the scope of his license to conduct demonstrations and
exhibitions, temporarily and primarily for educational purposes, of techniques [for styling of hair, dyeing hair and makeup]
for the benefit and instruction of cosmetologists, aestheticians,
electrologists and manicurists licensed under this chapter, and [cosmetologists]electrologists
apprentices and students enrolled in licensed schools of cosmetology.

2. The permit must specify the purpose
for which it is granted, the period during which the person is permitted to
conduct the demonstrations and exhibitions, which may not exceed 10 days, and
the time and place of exercising the privilege granted by the permit.

3. A person may be granted a permit under
this section only if he:

(a) Applies to the board for the permit;

(b) Demonstrates to the satisfaction of the
board that the permit is sought primarily for educational purposes; and

(c) Pays a fee of not less than $10 and not more
than $25.

Except for schools licensed pursuant
to this chapter, an application for a permit must be submitted at least 10 days
before the date of the demonstration or exhibit.

4. The provisions of this section do not
apply to demonstrators licensed under this chapter.

5. It is unlawful:

(a) For any person to conduct a demonstration or
exhibition without a permit.

(b) For any person who is granted a permit to
allow persons other than cosmetologists, aestheticians, electrologists and
manicurists licensed under this chapter, and [cosmetologists]electrologists apprentices and students enrolled
in licensed schools of cosmetology to attend any demonstration or exhibition
made or given by him.

Sec. 10. NRS 644.470 is
hereby amended to read as follows:

644.470 Nothing in this chapter [shall authorize]:

1. Authorizes
the use of any X-ray machine in the treatment of the scalp or in the removal of
superfluous hair [, or permit]; or

2. Permits
the local application of carbolic acid [(phenol)
in a solution or mixture of more than 10 percent,] or corrosive [sublimate (mercury), or its preparation or]sublimates or their derivatives or compounds [, in a stronger solution or preparation than 1 to 500.], salicylic acid, resorcinol, or any other corrosive
substance for the purpose of peeling skin. Any implantation of permanent pigment into the skin is prohibited.

of permanent pigment into the skin is
prohibited. A violation of the provisions of this section [shall constitute]constitutes a misdemeanor.

________

CHAPTER 472, SB 336

Senate Bill No. 336Committee
on Transportation

CHAPTER 472

AN ACT relating to traffic laws; revising
the provisions governing the establishment of roadblocks by the police;
providing penalties; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 484 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6, inclusive, of this act.

Sec. 2. Administrative roadblock means any structure, device or
means used by police officers to control all traffic through a point on the
highway whereby all vehicles may be slowed or stopped for a lawful purpose
other than identifying the occupants of the vehicles or an emergency.

Sec. 3. Temporary roadblock means any structure, device or means
used by police officers to control traffic at a place on a highway whereby
vehicles may be slowed or stopped:

1. To identify the
occupants of those vehicles: or

2. Because of the
existence of an emergency.

Sec. 4. 1. The police officers in this state may
establish, in their respective jurisdictions, or in other jurisdictions within
this state, temporary roadblocks upon the highways of this state:

(a) To apprehend persons
known to be wanted for violation of the laws of this state, another state or
the United States, and using the highways of this state for the purpose of
escape; or

(b) To control traffic at
or near the scene of a potential or existing emergency or hazard.

2. To warn and
protect the traveling public, temporary roadblocks established by police
officers must meet the following requirements:

(a) The temporary
roadblock must be established at a point on the highway clearly visible at a
distance of not less than 100 yards in either direction.

(b) At the point of the
temporary roadblock, an authorized emergency vehicle, plainly and clearly
marked as such and with its warning lights in operation, must be placed so as
to be clearly visible to traffic affected by the roadblock at a distance of not
less than 100 yards. When so placed, at least one of the vehicles flashing red
lights must be visible to approaching traffic at a distance of not less than
100 yards.

(c) At the same point of
the temporary roadblock, sufficient cones, reflectors,
burning flares or similar devices must be in place to identify the point of the
roadblock and direct, as necessary, the path to be followed by a vehicle
approaching the roadblock.

reflectors, burning flares or similar
devices must be in place to identify the point of the roadblock and direct, as
necessary, the path to be followed by a vehicle approaching the roadblock. The
devices, when in place, must be clearly visible to traffic affected by the
roadblock at a distance of not less than 100 yards.

(d) At a point located
not less than 200 years, but not more than 400 yards, from the point of the
temporary roadblock, cones, reflectors, burning flares or similar devices must
be placed on both shoulders of the highway and near the centerline of the
highway to warn traffic that a condition hazardous to traffic exists in the
immediate vicinity.

Sec. 5. The provisions of NRS 484.359 and section 4 of this act do not
limit the existing authority of police officers in the performance of their
duties involving traffic control.

Sec. 6. 1. It is unlawful for any person to:

(a) Proceed or travel
through an administrative roadblock or a temporary roadblock without subjecting
himself to the traffic control established at the roadblock.

(b) Disobey the lawful
orders or directions of a police officer at an administrative roadblock or a
temporary roadblock.

2. Any person who
unlawfully proceeds through an administrative roadblock or a temporary
roadblock shall be punished:

(a) If he is the direct
cause of a death or substantial bodily harm to any person, or damage to
property in excess of $1,000, by imprisonment in the state prison for not less
than 1 year nor more than 6 years, or by a fine of not more the $5,000, or by
both fine and imprisonment.

(b) If no death,
substantial bodily harm or damage to property in excess of $1,000 occurs, for a
gross misdemeanor.

Sec. 7. NRS 484.013 is
hereby amended to read as follows:

484.013 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 484.015 to
484.217, inclusive, and sections 2 and 3 of this act, have
the meanings ascribed to them in those sections.

Sec. 8. NRS 484.359 is
hereby amended to read as follows:

484.359 1. [For the purpose of this section, a temporary roadblock
means any structure, device or means used by police officers for the purpose of
controlling all traffic through a point on the highway whereby all vehicles may
be slowed or stopped for the purpose of identifying the occupants.

2.] The police
officers in this state may establish, in their respective jurisdictions, [or in other jurisdictions within the state, temporary]administrative roadblocks upon the highways of
this state [for the purpose of apprehending
persons known to such officers to be wanted for violation of the laws of this
state, or of any other state, or of the United States, and using the highways
of this state for the purpose of escape.

3. For the purpose
of warning and protecting]for any lawful
purpose other than identifying the occupants of a vehicle or because of the
existence of an emergency.

2. To warn and
protect the traveling public, [the minimum
requirements to be met by such officers establishing temporary roadblocks are:]administrative roadblocks established by police officers
must meet the following requirements:

(a) The [temporary
roadblock shall]administrative roadblock
must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than
100 years in either direction.

(b) At the point of the [temporary]administrative roadblock, a sign [shall]must
be placed [on]near the centerline of the highway displaying the word
Stop in letters of sufficient size and luminosity to be readable at a
distance of not less than 50 yards [, in both
directions,]in the direction affected by
the roadblock, either in daytime or darkness.

(c) At the same point of the [temporary]administrative
roadblock, at least one red flashing or intermittent light,
on and burning, must be placed at the side of the highway, [which shall be a flashing or intermittent beam of
light,] clearly visible to the oncoming traffic at a distance of
not less than 100 yards.

(d) At a distance of not less than one-quarter
of a mile from the point of the [temporary]administrative roadblock, warning signs [shall]must
be placed at the side of the highway, containing any wording of sufficient size
and luminosity to warn the oncoming traffic that a police stop lies ahead. A
burning beam light, flare or lantern [shall]must be placed near [such
signs for the purpose of attracting]the
signs to attract the attention of the traffic to the sign.

[4. This
section does not limit the existing authority of police officers in the
performance of their duties involving traffic control.

5. It is unlawful
for any person to proceed or travel through a roadblock without subjecting
himself to the traffic control so established.]

________

CHAPTER 473, SB 221

Senate Bill No. 221Committee
on Judiciary

CHAPTER 473

AN ACT relating to property; making
assorted changes in the law relating to the sale of interests in property; and
providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 119 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2, 3
and 4 of this act.

Sec. 2. Property report means a report, issued by the administrator
pursuant to the provisions of this chapter, which authorizes a developer to offer to sell or sell an interest in a subdivision and contains
the disclosures required in NRS 119.182.

offer to sell or sell an interest in
a subdivision and contains the disclosures required in NRS 119.182.

Sec. 3. Statement of record means the information submitted to the
administrator by the developer in its application for a permit to offer to sell
or sell an interest in a subdivision.

Sec. 4. 1. A developers permit must be renewed annually
by the developer by filing an application with and paying the fee for renewal
to the administrator. The application must be filed and the fee paid not later
than 30 days before the date on which the permit expires. The application must
include any change that has occurred in the information previously provided to
the administrator or in a property report provided to a prospective purchaser
pursuant to the provisions of NRS 119.182.

2. The renewal is
effective on the 30th day after the filing of the application unless the
administrator:

(a) Denies the renewal;
or

(b) Approves the renewal
on an earlier date.

Sec. 5. NRS 119.010 is
hereby amended to read as follows:

119.010 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 119.015 to
119.112, inclusive, and sections 2 and 3 of this act, have
the meanings ascribed to them in [such]those sections.

Sec. 6. NRS 119.160 is
hereby amended to read as follows:

119.160 1. The administrator
of the division shall make an examination of any subdivision, and shall, unless
there are grounds for denial, issue to the subdivider a [public]property report authorizing the sale or lease, or
the offer for sale or lease, in this state of the lots or parcels in the
subdivision. The report must contain the data obtained in accordance with NRS
119.140 and which the administrator determines are necessary to [implement]carry
out the purposes of this chapter. The administrator may publish the
report.

2. The grounds for denial are:

(a) Failure to comply with any of the provisions
in this chapter or the rules and regulations of the division pertaining
thereto.

(b) That the sale or lease would constitute
misrepresentation to or deceit or fraud of the purchasers or lessees.

(c) Inability to deliver title or other interest
contracted for.

(d) Inability to demonstrate that adequate
financial arrangements have been made for all offsite improvements included in
the offering.

(e) Inability to demonstrate that adequate
financial arrangements have been made for any community, recreational or other
facilities included in the offering.

(f) Failure to make a showing that the parcels
can be used for the purpose for which they are offered.

(g) Failure to provide in the contract or other
writing the use or uses for which the parcels are offered, together with any
covenants or conditions relative thereto.

(h) Agreements or bylaws to provide for
management or other services pertaining to common
facilities in the offering, which fail to comply with the regulations of the
division.

pertaining to common facilities in the offering, which fail
to comply with the regulations of the division.

(i) Failure to demonstrate that adequate
financial arrangements have been made for any guaranty or warranty included in
the offering.

3. If the administrator of the division
finds that grounds for denial exist, he shall issue an order so stating to the
owner or subdivider no later than 30 days after receipt of the information
required to be filed by NRS 119.130 and 119.140. The administrator may,
alternatively, issue a temporary permit to be effective for not more than 6
months from the date of issuance. If the administrator of the division issues
an order of denial, the owner or developer may appeal [such]the order to the director of the department of
commerce who shall, within 5 days of the receipt of [such]the appeal, determine whether grounds for denial
exist. If the director finds that grounds for denial exist, he shall confirm
the denial. If the director confirms the denial, the owner or developer may
appeal to the real estate commission, which shall conduct a hearing and either
confirm the denial or order a license issued within 30 days of the receipt of
the appeal.

4. If it appears to the administrator of
the division that a statement of record, or any amendment thereto, is on its
face incomplete or inaccurate in any material respect, the administrator shall
so advise the developer within a reasonable time after the filing of the
statement or the amendment, but [prior to]before the date the statement or amendment would
otherwise be effective. This notification serves to suspend the effective date
of the statement or the amendment until 30 days after the developer files such
additional information as the administrator requires. Any developer, upon
receipt of such notice, may request a hearing, and [such]the hearing must be held within 20 days [of]after
receipt of [such]the request by the administrator.

Sec. 7. NRS 119.220 is
hereby amended to read as follows:

119.220 1. Where any part of
the statement of record, when [such]that part became effective, contained an untrue
statement of a material fact or omitted to state a material fact required to be
stated therein, the administrator or any person
acquiring a lot in the subdivision covered by [such]the statement of record from the developer or his
agent during [such]the period the statement remained uncorrected (unless
it is proved that at the time of [such]the acquisition he knew of [such]the
untruth or omission) may sue the developer in any court of competent
jurisdiction.

2. Any developer or agent, who sells or
leases a lot in a subdivision:

(a) In violation of this chapter; or

(b) By means of a property report which
contained an untrue statement of a material fact or omitted to state a material
fact required to be stated therein,

may be sued by the administrator or purchaser
of [such]the
lot.

3. [The]If a suit authorized under subsection 1 or 2 [may be]is
brought by the purchaser, he is entitled to recover such damages as
represent the difference between the amount paid for the lot and the reasonable
cost of any improvements thereto, and the lesser of:

(b) The price at which [such]the lot has been disposed of in a bona fide
market transaction before suit; or

(c) The price at which [such]the lot has been disposed of after suit in a bona
fide market transaction but before judgment [.],

or to rescission of the contract of
sale and the refund of any consideration paid by him.

4. If a suit
authorized under subsection 1 or 2 is brought by the administrator, he may seek
a declaration of the court that any person entitled to sue the developer or his
agent under this section is entitled to the right of rescission and the refund
of any consideration paid by him.

5. Every
person who becomes liable to make any payment under this section may recover
contribution as in cases of contract from any person who, if sued separately,
would have been liable to make the same payment.

[5. In no
case shall the amount recoverable under this section exceed the sum of the
purchase price of the lot, the reasonable cost of improvements, reasonable
appraisers costs, reasonable court costs and reasonable attorneys fees.]

6. Reasonable
attorneys fees may be awarded to the prevailing party in any action brought
under this section. Any action to rescind a contract of sale under this section
must be brought within 1 year after the date of purchase or within 1 year after
the date of the discovery of the misrepresentation giving rise to the action
for rescission.

7. The provisions
of this section are in addition to and not a substitute for any other right of
a person to bring an action in any court for any act involved in the offering
or sale of an interest in a subdivision or the right of the state to punish any
person for any violation of any law.

Sec. 8. NRS 119.320 is
hereby amended to read as follows:

119.320 1. Subject to the
provisions of this chapter, the division shall collect the following fees at
such times and upon such conditions as it may provide by regulation:

For each annual
registered representatives license to represent a developer.............................................................................. $50

For each transfer
of a registered representatives license to represent a developer.............................................................................. 10

For each
application for a developers [permit for a
subdivision or]request for
exemption from any provision of this chapter.......... 25

For each developers
permit per subdivision........................ 250

For each
developers temporary permit for each subdivision 150

For renewal of a developers permit...................................... 250

subdivision having 34 or fewer lots, parcels, interests or
units . [nor to any
subdivision where the lots, parcels, interests or units being offered or
disposed of are in excess of 40 acres net size.]

2. At the time of the original filing,
each developer shall pay an additional $5 for each lot, parcel, interest or
unit in any one subdivision in excess of 50, but not exceeding 250 such lots,
parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or
units in any one subdivision; $3 for 501 through 750 lots, parcels, interests
or units in any one subdivision; and $2.50 for all lots, parcels, interests or
units in excess of 750 in any one subdivision. The developer may designate
lots, parcels, interests or units it intends to offer for sale or lease in this
state out of the subdivision and the fee per lot, parcel, interest or unit is
only applicable to those lots, parcels, interests or units. The units must be
designated in groupings of no less than 5 contiguous units in each group,
except that the division [in its discretion]
may accept fewer upon request of the developer. If the developer determines to
offer additional lots, parcels, interests or units it must so certify to the
division and pay the additional fee therefor.

3. With the exception of the fees for a
registered representatives license or transfer, the fees enumerated in this
section must be reduced by the administrator at such times as, in his judgment,
he considers a reduction equitable in relation to the necessary costs of
carrying out the administration and enforcement of the provisions of this
chapter.

Sec. 9. Chapter 119A of NRS is
hereby amended by adding thereto the provisions set forth as sections 10 to 13,
inclusive, of this act.

Sec. 10. 1. Where any part of the statement of record,
when that part became effective, contained an untrue statement of a material
fact or omitted to state a material fact required to be stated therein, the
administrator or any person acquiring a time share from the developer or his
agent during the period the public offering statement remained uncorrected
(unless it is proved that at the time of the acquisition he knew of the untruth
or omission) may sue the developer in any court of competent jurisdiction.

2. Any developer
or agent who sells a time share:

(a) In violation of this
chapter; or

(b) By means of a public
offering statement which contained an untrue statement of a material fact
required to be stated therein,

may be sued by the administrator or
purchaser of the time share.

3. If a suit
authorized under subsection 1 or 2 is brought by the purchaser, he is entitled
to recover such damages as represent the difference between the amount paid for
the time share and the reasonable cost of any permanent improvements thereto,
and the lesser of:

(a) The value thereof as
of the time the suit was brought;

(b) The price at which
the time share has been disposed of in a bona fide market transaction before
suit; or

(c) The price at which
the time share has been disposed of after suit in a bona fide market
transaction but before judgment,

or to rescission of the contract of
sale and the refund of any consideration paid by him.

4. If a suit
authorized under subsection 1 or 2 is brought by the administrator, he may seek
a declaration of the court that any person entitled to sue the developer or his
agent under this section is entitled to the right of rescission and the refund
of any consideration paid by him.

5. Every person
who becomes liable to make any payment under this section may recover
contribution as in cases of contract from any person who, if sued separately,
would have been liable to make the same payment.

6. Reasonable
attorneys fees may be awarded to the prevailing party in any action brought
under this section. Any action to rescind a contract of sale under this section
must be brought within 1 year after the date of purchase or within 1 year after
the date of the discovery of the misrepresentation giving rise to the action
for rescission.

7. The provisions
of this section are in addition to and not a substitute for any other right of
a person to bring an action in any court for any act involved in the offering
or sale of time shares or the right of the state to punish any person for any
violation of any law.

8. For the
purposes of this section, statement of record means the information submitted
to the administrator by the developer in its application for a permit to offer
to sell or sell time shares.

Sec. 11. 1. When the administrator ascertains that an
association of time-share owners or a developer, if there is no association, is
insolvent or in imminent danger of insolvency, or the associations or
developers affairs are being mismanaged, he may file a complaint in the
district court of the county in which the principal office of the association
or developer is located for the appointment of a receiver.

2. Upon
appointment, the receiver shall take possession of all the property, business
and assets of the association or developer which are located within this state
and retain possession of them until further order of the court. The receiver
shall make or cause to be made an inventory of the assets and known liabilities
of the association or developer. Upon approval of the court, the receiver shall
take such other actions as appear necessary and reasonable for the conduct of
the business of the association or developer.

3. The inventory
made by the receiver and all claims filed by creditors are open at all
reasonable times for inspection and any action taken by the receiver upon any
of the claims is subject to the approval of the court before which the cause is
pending.

4. The expenses of
the receiver and compensation of counsel, as well as all expenditures required
in any liquidation proceeding, must be fixed by the receiver, subject to the
approval of the court, and, upon certification of the receiver, must be paid
out of the assets he controls as receiver.

Sec. 12. The terms and conditions of the documents and agreements
submitted pursuant to subsection 1 of NRS 119A.300 which relate to the creation
and management of the time-share project and to the sale of time shares and to
which the applicant or an affiliate of the applicant is a party must be described in the public offering statement and
constitute additional terms and conditions of the applicants permit to sell
time shares.

must be described in the public
offering statement and constitute additional terms and conditions of the
applicants permit to sell time shares.

Sec. 13. 1. A permit must be renewed annually by the
developer by filing an application with and paying the fee for renewal to the
administrator. The application must be filed and the fee paid not later than 30
days before the date on which the permit expires. The application must include
the budget of the association of time-share owners or the budget of the
developer, if there is no association, and any change that has occurred in the
information previously provided to the administrator or in a statement of
disclosure provided to a prospective purchaser pursuant to the provisions of
NRS 119A.400.

2. The renewal is
effective on the 30th day after the filing of the application unless the
administrator:

(a) Denies the renewal;
or

(b) Approves the renewal
on an earlier date.

Sec. 14. NRS 119A.300 is
hereby amended to read as follows:

119A.300 Except as provided in NRS
119A.310, the administrator shall issue a public offering statement and a
permit to sell time shares to each applicant who:

1. Submits an application, in the manner
provided by the division, which includes:

(a) The name and address of the project broker;

(b) A copy of the document in which the
time-share project is created;

(c) A preliminary title report for the
time-share project and copies of the documents listed as exceptions in the
report;

(d) Copies of any other documents which relate
to the project, including any contract, agreement or other document to be used [in the sale of time shares;]to establish and maintain an association of time-share owners
and to provide for the management of the project;

(e) Copies of instructions for escrow, deeds,
sales contracts and any other documents that will be used in the sale of the
time shares;

(f) A copy of any proposed trust agreement which
establishes a trust for the time-share project;

(g) Documents which show the current assessments
for property taxes on the time-share project;

(h) Documents which show compliance with local
zoning laws;

(i) If the units in the time-share project are
in a condominium project, or other form of community ownership of property,
documents which show that use of the units in a time-share project is in
compliance with the documents which created the community ownership;

(j) Copies of all documents which will be given
to a purchaser who is interested in participating in a program for the exchange
of occupancy rights among time-share owners and copies of the documents which
show acceptance of the time-share project in such a program;

(k) A copy of the budget or a projection of the
operating expenses of the association, if applicable;

over 1500................................................................................ 1.00

3. Except for the fees relating to the
registration of a representative, the administrator may reduce the fees
established by this section if the reduction is equitable in relation to the
costs of carrying out the provisions of this chapter.

Sec. 16. NRS 119A.540 is
hereby amended to read as follows:

119A.540 1. The association
or if there is no association, the developer shall adopt an annual budget for
revenues, expenditures and reserves and collect assessments for the expenses of
the time-share project from time-share owners. The [initial
budget]annual budgets of the
association must be submitted to and approved by
the division [.]until such time as the association is controlled by members
other than the developer.

2. The administrator may require that the
association, or if there is no association, the developer provide, at the
associations or the developers expense, an opinion from an independent
professional consultant as to the sufficiency of the budget to sustain the plan
offered by the association or the developer. The association or the developer
shall place any money collected for assessments in a trust account.

3. The developer shall pay assessments
for any time shares which are unsold or enter into an agreement with the
association, on a form approved by the division, to pay
the difference between the actual expenses incurred by the association and the
amounts payable to the association as assessments by the time-share owners.

by the division, to pay the difference between the actual
expenses incurred by the association and the amounts payable to the association
as assessments by the time-share owners. The division may require the developer
to provide a surety bond or other form of security which is satisfactory to the
division, to guarantee payment of the developers obligation.

Sec. 17. Chapter 119B of NRS
is hereby amended by adding thereto the provisions set forth as sections 18 to
21, inclusive, of this act.

Sec. 18. Public offering statement means a report, issued by the
administrator pursuant to the provisions of this chapter, which authorizes a
developer to offer to sell memberships in a campground which is the subject of
the report.

Sec. 19. 1. Where any part of the statement of record
contained an untrue statement of a material fact or omitted to state a material
fact required to be stated therein, the administrator or any person acquiring a
membership from the developer or his agent during the period the public
offering statement remained uncorrected (unless it is proved that at the time
of the acquisition he knew of the untruth or omission) may sue the developer in
any court of competent jurisdiction.

2. Any developer
or agent who sells a membership:

(a) In violation of this
chapter; or

(b) By means of a public
offering statement which contained an untrue statement of a material fact
required to be stated therein, may be sued by the administrator or purchaser of
the membership.

3. If a suit
authorized under subsection 1 or 2 is brought by the purchaser, he is entitled
to recover such damages as represent the difference between the amount paid for
the membership and the reasonable cost of any permanent improvements thereto,
and the lesser of:

(a) The value thereof as
of the time the suit was brought;

(b) The price at which
the membership has been disposed of in a bona fide market transaction before
suit; or

(c) The price at which
the membership has been disposed of after suit in a bona fide market
transaction but before judgment,

or to rescission of the contract of
sale and the refund of any consideration paid by him.

4. If a suit
authorized under subsection 1 or 2 is brought by the administrator, he may seek
a declaration of the court that any person entitled to sue the developer or his
agent under this section is entitled to the right of rescission and the refund
of any consideration paid by him.

5. Every person
who becomes liable to make any payment under this section may recover
contribution as in cases of contract from any person who, if sued separately,
would have been liable to make the same payment.

6. Reasonable
attorneys fees may be awarded to the prevailing party in any action brought under
this section. Any action to rescind a contract of sale under this section must
be brought within 1 year after the date of purchase or within 1 year after the
date of the discovery of the misrepresentation giving rise to the action for
rescission.

7. The provisions
of this section are in addition to and not a substitute for any other right of
a person to bring an action in any court for any act involved in the offering
or sale of memberships or the right of the state to punish any person for any
violation of any law.

8. For the
purposes of this section statement of record means the information submitted
to the administrator by the developer in its application for a permit to offer
to sell memberships in a campground.

Sec. 20. 1. When the administrator ascertains that an
association of members or a developer, if there is no association, is insolvent
or in imminent danger of insolvency or the associations or developers affairs
are being mismanaged, he may file a complaint in the district court of the
county in which the principal office of the association or developer is located
for the appointment of a receiver.

2. Upon the
appointment, the receiver shall take possession of all the property, business
and assets of the association or developer which are located within this state
and retain possession of them until further order of the court. The receiver
shall make or cause to be made an inventory of the assets and known liabilities
of the association or developer. Upon approval of the court, the receiver shall
take such other actions as appear necessary and reasonable for the conduct of
the business of the association or developer.

3. The inventory
made by the receiver and all claims filed by creditors are open at all
reasonable times for inspection and any action taken by the receiver upon any
of the claims is subject to the approval of the court before which the cause is
pending.

4. The expenses of
the receiver and compensation of counsel, as well as all expenditures required
in any liquidation proceeding, must be fixed by the receiver, subject to the
approval of the court, and, upon certification of the receiver, must be paid
out of the assets he controls as receiver.

Sec. 21. The terms and conditions of the documents and agreements
submitted pursuant to subsections 4 and 5 of NRS 119B.130 to which the
developer or an affiliate of the developer is a party must be described in the
public offering statement and constitute additional terms and conditions of the
applicants permit to sell memberships.

Sec. 22. NRS 119B.010 is
hereby amended to read as follows:

119B.010 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 119B.020 to
119B.100, inclusive, and section 18 of this act, have
the meanings ascribed to them in those sections.

Sec. 23. NRS 119B.290 is
hereby repealed.

Sec. 24. This act becomes
effective upon passage and approval.

________

κ1987
Statutes of Nevada, Page 1084κ

CHAPTER 474, AB 835

Assembly Bill No. 835Committee
on Transportation

CHAPTER 474

AN ACT relating to motor vehicles;
requiring a dealer in motor vehicles to pay off any security interest which is
outstanding on any motor vehicle he takes in trade on the purchase of another
vehicle; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS
is hereby amended by adding thereto a new section to read as follows:

If a licensed dealer takes a
vehicle in trade on the purchase of another vehicle and there is an outstanding
security interest, the licensed dealer shall satisfy the outstanding security
interest within 30 days after the vehicle is taken in trade on the purchase of
the other vehicle.

Sec. 2. NRS 482.36414 is
hereby amended to read as follows:

482.36414 A person who assumes operation
of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, must be
licensed as a dealer pursuant to the provisions of NRS 482.318 to 482.363,
inclusive [.], and section 1 of this act.

________

CHAPTER 475, AB 118

Assembly Bill No. 118Committee
on Transportation

CHAPTER 475

AN ACT relating to motor vehicles;
allowing a person to establish proof of financial responsibility by a policy of
insurance covering the operator of the motor vehicle in lieu of insurance
covering the vehicle; providing limitations on the coverage provided by such
insurance; prohibiting certain owners from allowing persons who do not carry
insurance from operating their motor vehicles; revising the provisions
governing registration; providing a penalty; and providing other matters
properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 482.215 is
hereby amended to read as follows:

482.215 1. All applications
for registration, except applications for renewal of registration, must be made
as provided in this section.

2. Applications for all registrations,
except renewals of registration, must be made in person, if practicable, to any
office or agent of the department.

3. Each application must be made upon the
appropriate form furnished by the department and contain:

(c) His declaration of the county where he
intends the vehicle to be based, unless the vehicle is deemed to have no base.
The department shall use this declaration to determine the county to which the
privilege tax is to be paid.

(d) A brief description of the vehicle to be
registered, including the name of the maker, the engine, identification or serial
number, whether new or used, and the last license number, if known, and the
state in which issued, and upon the registration of a new vehicle, the date of
sale by the manufacturer or franchised and licensed dealer in this state for
the make to be registered to the person first purchasing or operating the
vehicle.

(e) Proof satisfactory to the department that
the applicant has provided the security required by NRS 485.185 [covering the vehicle to be registered]
and his signed declaration that he will maintain the security during the period
of registration.

(f) If the security is provided by a contract of
insurance, the insurer shall provide evidence of that insurance on a form
approved by the commissioner of insurance, which identifies the vehicle and
indicates, at the time of application for registration, coverage which meets
the requirements of NRS 485.185. The department may file that evidence, return
it to the applicant or otherwise dispose of it.

(g) If required, evidence of the applicants
compliance with controls over emission.

4. The application must contain such
other information as may be required by the department, and must be accompanied
by proof of ownership satisfactory to the department.

5. For purposes of the proof, declaration
and evidence required by paragraphs (e) and (f) of subsection 3:

(a) Vehicles which are subject to the [license] fee for
a license and the requirements of registration
[requirements] of the Interstate
Highway User Fee Apportionment Act, and which are based in this state, may be
declared as a fleet by the registered owner thereof, on his original
application for or application for renewal of a proportional registration. The
owner may file a single certificate of insurance covering that fleet.

(b) Other fleets composed of ten or more
vehicles based in this state or vehicles insured under a blanket policy which
does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof [annually] for the purposes of an
application for his original or any renewed registration. The owner may file a
single certificate of insurance covering that fleet.

(c) A person who [has
qualified]qualifies as a
self-insurer pursuant to NRS 485.380 may file a copy of his certificate of
self-insurance.

(d) A person who
qualifies for an operators policy of liability insurance pursuant to NRS
485.3091 and section 8 of this act may file evidence of that insurance.

482.235 The department shall file each
application received and register the vehicle therein described and the owner
thereof in suitable books or on index cards as follows:

1. Under a distinctive registration
number assigned to the vehicle and to the owner thereof, referred to in this
chapter as the registration number.

2. Alphabetically under the legal name of the owner.

3. Numerically under the serial or
vehicle identification number of the vehicle or a permanent identifying number,
as may be determined by the department.

Sec. 3. NRS 482.245 is
hereby amended to read as follows:

482.245 1. The certificate
of registration must contain upon the face thereof the date issued, the
registration number assigned to the vehicle, the legal name
and address of the registered owner, the county where the vehicle is to be
based unless it is deemed to have no base, a description of the registered
vehicle and such other statement of facts as may be determined by the
department.

2. The certificate of ownership must
contain upon the face thereof the date issued, the name and address of the
registered owner and the owner or lienholder, if any, a description of the
vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading
of the vehicless odometer as provided to the department by the person making
the sale or transfer, and such other statement of facts as may be determined by
the department. The reverse side of the certificate of ownership must contain
forms for notice to the department of a transfer of the title or interest of
the owner or lienholder and application for registration by the transferee.

Sec. 4. NRS 482.280 is
hereby amended to read as follows:

482.280 1. The registration
of every vehicle expires at midnight on the day specified on the receipt of
registration. The department shall mail to each holder of a valid certificate
of registration an application for renewal of registration for the following
period of registration. The applications must be mailed by the department in sufficient
time to allow all applicants to mail the applications to the department and to
receive new certificates of registration and license plates, stickers, tabs or
other suitable devices by mail before the expiration of [subsisting]their registrations. An applicant may present the
application to any agent or office of the department.

2. An application mailed or presented to
the department or to a county assessor under the provisions of this section
must include:

(a) A signed declaration by the applicant that
he has and will maintain, during the period of registration, security as required
by NRS 485.185 . [covering
the motor vehicle to be registered.]Security
may be provided by an operators policy of liability insurance if the applicant
and the policy meet the requirements of NRS 485.3091 and section 8 of this act.

(b) If required, evidence of compliance with
standards for control of emissions.

3. The department shall insert in each
application mailed [as required by]pursuant to subsection 1 the amount of privilege tax to
be collected for the county under the provisions of NRS 482.260.

pursuant to subsection 1 the
amount of privilege tax to be collected for the county under the provisions of
NRS 482.260.

4. An owner who has made proper
application for renewal of registration before the expiration of the current
registration but who has not received the license plate or plates or card of
registration for the ensuing period of registration is entitled to operate or
permit the operation of that vehicle upon the highways upon displaying thereon
the license plate or plates issued for the preceding period of registration for
such time as may be prescribed by the department as it may find necessary for
the issuance of the new plate or plates or card of registration.

Sec. 5. NRS 482.380 is
hereby amended to read as follows:

482.380 1. The department [is authorized to provide for the issuance of]may issue special motor vehicle license plates [on a yearly basis to persons who have]from year to year to a person who has resided in the
State of Nevada for a period of 6 months preceding the date of application for
the license plates and who [own]owns a motor vehicle, 1915 model or prior thereto.

2. [For the
purposes of administering]To administer
the provisions of this section, the department [is
authorized to]may recognize the
Horseless Carriage Club of Nevada as presently constituted as the official
Horseless Carriage Club of Nevada and to designate and appoint one member of
the board of directors of the Horseless Carriage Club of Nevada to act as and
be an ex officio deputy of the department and to perform the duties and
functions prescribed by this section without compensation, per diem [expense] allowance or travel expenses.

3. [All
applicants]An applicant for
license plates pursuant to the provisions of this section [shall:]must:

(a) Fill out and sign an application for license
plates on a form prescribed and furnished by the ex officio deputy for
licensing antique motor vehicles.

(b) Present evidence of his eligibility for
license plates by showing, to the satisfaction of the ex officio deputy,
residence in this state for 6 months preceding the date of application and
ownership of an antique motor vehicle, 1915 model or prior thereto.

(c) Present a certificate of inspection issued
by a committee, or member thereof, appointed by the board of directors of the Horseless
Carriage Club of Nevada verifying that the antique motor vehicle is in safe and
satisfactory mechanical condition, is in good condition and state of repair, is
well equipped and is covered by a policy of insurance
covering public liability and property damage [insurance]
written by an insurance company qualified to do business in this state with
limits of not less than $10,000 for each person nor less than $20,000 for each
accident, and not less than $5,000 for property damage [liability.]and which otherwise meets the requirements of chapter
485 of NRS.

(d) Exhibit a valid drivers license authorizing
the applicant to drive a motor vehicle on the highways of this state.

(e) Pay the fee prescribed by the laws of this
state for the operation of a

passenger car, [regardless of]without regard to the weight or [number of passenger capacity.]the capacity for passengers.

(f) Pay such other fee as prescribed by the
board of directors of the Horseless Carriage Club of Nevada necessary to defray
all cost of manufacture, transportation and issuance of the special license
plates.

4. The ex officio deputy for licensing
antique motor vehicles shall [annually on a]each calendar year [basis]
issue license plates, approved by the department, for each motor vehicle owned
by an applicant who meets the requirements of subsection 3, [in compliance with]subject to the following conditions:

(a) The license plates [shall]must be numbered and issued consecutively each
year beginning with Horseless Carriage 1.

(b) The license plates [shall]must conform, as nearly as possible, to the color
and type of license plate issued in this state for regular passenger cars.

(c) The special license plates issued under the
provisions of this section [shall]must be specified, procured, transported and issued
solely at the expense and cost of the Horseless Carriage Club of Nevada and
without any expense to the State of Nevada.

5. The ex officio deputy for licensing
antique motor vehicles shall pay quarterly to the department the prescribed fee
[for the licensing of passenger cars]
as provided in paragraph (e) of subsection 3. The fees so received [shall]must
be used, disbursed or deposited by the department in the same manner as
provided by law for other [motor vehicle]fees for registration and licensing . [fees.]
All other fees collected to defray expenses [shall]must be retained by the board of directors of the
Horseless Carriage Club of Nevada.

6. [Licenses]The license plates obtained under this section [shall be]are
in lieu of the license plates otherwise provided for in this chapter and [shall
be]are valid for the calendar year
in which they are issued.

Sec. 6. Chapter 485 of NRS is
hereby amended by adding thereto the provisions set forth as sections 7, 8 and
9 of this act.

Sec. 7. 1. Motor vehicle liability policy means an
owners policy of liability insurance or an operators policy of liability
insurance issued, except as otherwise provided in NRS 485.309, by an insurer
authorized to transact business in this state, to or for the benefit of the
person named therein as insured.

2. With respect to
a policy which grants excess or additional coverage over that required by NRS
485.3091, the term motor vehicle liability policy applies only to that part
of the coverage which is required by NRS 485.3091.

Sec. 8. 1. Except as otherwise provided in subsection 5,
any natural person may satisfy the requirements of NRS 485.185 by obtaining, in
lieu of an owners policy of liability insurance, an operators policy of
liability insurance which meets the requirements of this section and NRS
485.3091.

2. An operators
policy of liability insurance must state, in addition to the requirements of
NRS 485.3091, that:

(a) The insurer is only
liable under the policy for liability incurred by the insured while the named insured is the operator of a motor
vehicle or while a motor vehicle owned by the insured is not being operated by
any person;

insured while the named insured is
the operator of a motor vehicle or while a motor vehicle owned by the insured
is not being operated by any person;

(b) The policy does not
provide coverage for any vicarious liability imposed on the owner of the motor
vehicle as a result of the operation by another person of a motor vehicle owned
by the insured or for any liability imposed by NRS 41.440 or 483.300; and

(c) The coverage provided
by the policy may meet the requirements of the financial responsibility laws of
other states,

unless such extended coverage is
expressly included in the policy. No operators policy of liability insurance
may be delivered or issued for delivery in this state unless the insured has
signed an endorsement stating that he has read and understood the policy and
its limitations.

3. An owner of a
motor vehicle which is registered or required to be registered in this state
and who holds an operators policy of liability insurance shall not permit
another person to operate his motor vehicle if the owner knows or should have
known that the person does not have liability insurance to cover his own
operation of that motor vehicle.

4. An operators
policy of liability insurance must not provide coverage for damages incurred
while a person other than the named insurer is operating a motor vehicle.

5. An operators
policy of liability insurance must provide coverage for liability incurred by the
insured while a motor vehicle owned by the insured is not being operated by any
person.

6. This section
does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a
motor vehicle, an owner of a fleet, a common, contract or private motor carrier
or any other employer who owns a motor vehicle for use in his business.

(a) Operate a motor
vehicle registered or required to be registered in this state without having
security for payment of liabilities arising from maintenance or use of the
vehicle as required by NRS 485.185.

(b) Operate or knowingly
permit the operation of a motor vehicle without having evidence of current
insurance of the operator or the vehicle in the vehicle.

(c) Fail or refuse to
surrender, upon demand, to a peace officer or to an authorized representative
of the department proof of security.

(d) Knowingly permit the
operation of a motor vehicle in violation of subsection 3 of section 8 of this
act.

2. Except as
otherwise provided in subsection 3, any person who violates subsection 1 shall
be fined not less than $300 nor more than $500.

3. A person may
not be fined for a violation of paragraph (a), (b) or (c) of subsection 1 if he
presents evidence to the court that the security required by NRS 485.185 was in
effect at the time demand was made for it.

4. Failure to
deposit security if so required by the provisions of NRS 485.190 is prima facie
evidence of violation of the provisions of this section.

5. The provisions
of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question
displays a valid permit issued by the department pursuant to NRS 482.3212,
482.396, 482.423 or 482.424 authorizing the movement or operation of that
vehicle within the state for a limited time.

Sec. 10. NRS 485.020 is
hereby amended to read as follows:

485.020 As used in this chapter, unless
the context otherwise requires, the words and phrases in NRS 485.033 to
485.120, inclusive, and section 7 of this act having
the meanings ascribed to them in those sections.

Sec. 11. NRS 485.185 is
hereby amended to read as follows:

485.185 1. Every registered
owner of a motor vehicle registered in this state and every owner of a motor
vehicle which is not registered in this state as required, shall continuously
provide [with respect to the motor vehicle while
it is either], while the motor vehicle is
present or registered in this state, by a contract of insurance for a motor vehicle liability policy or by qualifying
as a self-insurer [,]in compliance with this chapter, security in the
amounts set forth in NRS 485.105 as proof of financial responsibility for
payment of tort liabilities [,]
arising from maintenance or use of the motor vehicle.

2. [Security
may be provided by a contract of insurance or by qualifying as a self-insurer
in compliance with this chapter.

3.] Whenever an
application for a drivers license or for registration of a vehicle is made by
a person required to maintain proof of financial responsibility by the state of
his prior residency, he must file proof with the division of his financial
responsibility before he may [obtain]be issued a license [,]or registration, and maintain it for the period [of time] which that state requires. If
he does not so maintain it, his license and registration must be suspended.

Sec. 12. NRS 485.190 is
hereby amended to read as follows:

485.190 1. If 20 days after
the receipt of a report of [a]an accident involving a motor vehicle [accident] within this state which has
resulted in bodily injury or death, or damage to the property of any one person
in excess of $350, the division does not have on file evidence satisfactory to
it that the person who would otherwise be required to file security under
subsection 2 of this section has been released from liability, [or] has been finally adjudicated not to
be liable [,] or has executed [a duly]an
acknowledged written agreement providing for the payment of an agreed amount in
installments with respect to all claims for injuries or damages resulting from
the accident, the division shall upon request set the matter for a hearing as
provided in NRS 485.191.

2. The division shall, at any time after
a determination adverse to an operator or owner pursuant to NRS 485.191,
suspend the license of each operator and all registrations of each owner of a
motor vehicle [in any manner]
involved in such an accident, and, if the operator is a nonresident, the
privilege of operating a motor vehicle within this state, and, if the owner is
a nonresident, the privilege of the use within this state [,] of any motor vehicle
owned by him, unless the operator or owner , or both , deposit security in the
sum so determined by the division.

vehicle owned by him, unless the operator or owner , or both , deposit
security in the sum so determined by the division. Notice of such a suspension
must be sent by the division to the operator and owner not less than 10 days
before the effective date of the suspension and must state the amount required
as security. Where erroneous information is given the division with respect to
the matters set forth in [subsections 1, 2 or 3]paragraph (a), (b) or (c) of subsection 1 of NRS
485.200, the division shall take appropriate action as provided in this section
after it receives correct information with respect to those matters.

Sec. 13. NRS 485.191 is
hereby amended to read as follows:

485.191 1. Any operator or
owner of a motor vehicle who was involved in an
accident [, and at the time of the accident did
not have a liability insurance policy in effect for the motor vehicle involved,
or]and who is not [otherwise] exempt from the requirements
of depositing security by the provisions of NRS 485.200, is entitled to a
hearing before the director or his representative before a determination of the
amount of security required pursuant to NRS 485.190, and before the suspension
of his operators license or registration as provided in subsection 2 of NRS
485.190. The hearing must be held in the county of residence of the operator.
If the operator and owner reside in different counties and the hearing would
involve both of them, the hearing must be held in the county which will be the
most convenient for the summoning of witnesses.

2. The owner or operator must be given at
least 30 days notice of the hearing in writing with a brief explanation of the
proceedings to be taken against him and the possible consequences of a
determination adverse to him.

3. If the operator or owner desires a
hearing, he shall, within 15 days, notify the division in writing of his
intention. If he does not send this notice within the 15 days, he waives his
right to a hearing; [provided,]except that, the director may for good cause shown
permit the owner a later opportunity for a hearing.

Sec. 14. NRS 485.200 is
hereby amended to read as follows:

485.200 1. The
requirements as to security and suspension in NRS 485.190 to 485.300,
inclusive, do not apply:

[1.](a) To the operator or owner if he had in effect
at the time of the accident a liability policy with respect to the motor
vehicle involved in the accident;

[2.](b) To the operator [,
if not the owner of the motor vehicle,] if there was in effect at
the time of the accident a liability policy or bond with respect to his
operation of [motor vehicles not owned by him;

3.]any motor vehicle;

(c) To the
operator or owner if his liability for damages resulting from the accident is,
in the judgment of the division, covered by any other form of liability
insurance policy or bond;

[4.](d) To any person qualifying as a self-insurer
under NRS 485.380, or to any person operating a motor vehicle for the
self-insured;

[5.](e) To the operator or the owner of a motor
vehicle involved in an accident wherein no injury or damage was caused to the
person or property of anyone other than the operator or owner;

[6.](f) To the operator or the owner of a motor
vehicle legally parked at the time of the accident;

[7.](g) To the owner of a motor vehicle if at the
time of the accident the vehicle was being operated without his permission,
express or implied, or was parked by a person who had been operating the motor
vehicle without permission; or

[8.](h) If, before the date that the division would
otherwise suspend the license and registration or nonresidents operating
privilege under NRS 485.190, there is filed with the division evidence
satisfactory to it that the person who would otherwise have to file security
has been released from liability or has received a determination in his favor
at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated
not to be liable or has executed [a duly]an acknowledged written agreement providing for
the payment of an agreed amount in installments, with respect to all claims for
injuries or damages resulting from the accident.

2. An owner who is
not the operator of the motor vehicle is not exempt from the requirements as to
security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a
policy of liability insurance which provides coverage only when he is operating
the motor vehicle and, at the time of the accident, another person is operating
the motor vehicle with the express or implied permission of the owner.

Sec. 15. NRS 485.210 is
hereby amended to read as follows:

485.210 [1.]
No policy or bond is effective under NRS 485.190 unless [issued
by an insurance company or surety company authorized to do business in this
state, except as provided in subsection 2 of this section, or unless the]:

1. The
policy or bond is subject, if the accident has resulted in bodily injury or
death, to a limit, exclusive of interest and costs, of not less than $15,000
because of bodily injury to or death of one person in any one accident and,
subject to the limit for one person, to a limit of not less than $30,000
because of bodily injury to or death of two or more persons in any one accident
and, if the accident has resulted in injury to or destruction of property, to a
limit of not less than $10,000 because of injury to or destruction of property
of others in any one accident [.

2. No policy or
bond is effective under NRS 485.190 with respect to any vehicle which was not
registered in this state or to any vehicle which was registered elsewhere than
in this state at the effective date of the policy or bond or the most recent
renewal thereof, unless the]; and

2. The
insurance company or surety company issuing that policy or bond is authorized
to do business in this state or, if the company is not authorized to do
business in this state, unless it executes a power of attorney authorizing the
director to accept service on its behalf of notice or process in any action
upon that policy or bond arising out of an accident.

485.280 A deposit or any balance thereof
must be returned to the depositor or his personal representative [when]:

1. When
evidence satisfactory to the division has been filed with it that there has
been a release from liability, [or]
a final adjudication of nonliability [, or a duly]or an acknowledged agreement, in accordance with paragraph (h) of subsection [8]1 of NRS 485.200 [,
or if]; or

2. If 2
years after the date of the accident or 1 year from the date of deposit of any
security under NRS 485.230, whichever period is longer, the division is given
reasonable evidence that there is no action pending and no judgment rendered in
such an action left unpaid.

Sec. 17. NRS 485.307 is
hereby amended to read as follows:

485.307 1. [Proof]Except as
otherwise required in NRS 485.185, proof of financial responsibility
when required under this chapter [with respect to
a motor vehicle or with respect to a person who is not the owner of a motor vehicle]
may be given by filing:

(a) A certificate of insurance as provided in
NRS 485.308 or 485.309;

(b) A bond as provided in NRS 485.3094;

(c) A certificate of deposit of money or
securities as provided in NRS 485.3095; or

(d) A certificate of self-insurance, as provided
in NRS 485.380, supplemented by an agreement by the self-insurer that, with
respect to accidents occurring while the certificate is in force, he will pay
the same judgments and in the same amounts that an insurer would have been obligated
to pay under an owners [motor vehicle liability]
policy of liability insurance if it had issued
such a policy to the self-insurer.

2. If the department suspends a license
or registration pursuant to NRS 485.010 to 485.3099, inclusive, and proof of
financial responsibility is a condition of reinstatement, no motor vehicle may
be or continue to be registered in the name of the person whose license or
registration was suspended unless proof of financial responsibility is
furnished [for each motor vehicle registered.]by that person.

3. Whenever the department restores a
license, permit or privilege of driving a vehicle in this state which has been
revoked, no motor vehicle may be or continue to be registered in the name of
the person whose license, permit or privilege was revoked unless proof of
financial responsibility is furnished [for each
motor vehicle registered.]by that person.

Sec. 18. NRS 485.308 is
hereby amended to read as follows:

485.308 Proof of financial responsibility
may be furnished by filing with the division the written certificate of any
insurance carrier authorized to do business in this state certifying that there
is in effect a motor vehicle liability policy for the benefit of the person
required to furnish proof of financial responsibility. The certificate must
specify its effective date and :

1. If the policy
is an owners policy of liability insurance, designate by appropriate
reference all motor vehicles covered by it [,
unless the policy is issued to a person who is not the owner of a motor
vehicle.]; or

2. If the policy
is an operators policy of liability insurance, designate the person covered.

Sec. 19. NRS 485.309 is
hereby amended to read as follows:

485.309 1. The nonresident
owner of a motor vehicle not registered in this state or
a nonresident operator of a motor vehicle may give proof of financial
responsibility by filing with the division a written certificate of an
insurance carrier authorized to transact business :

(a) If the insurance
provides coverage for the vehicle, in the state in which the motor
vehicle described in the certificate is registered [,
or if the nonresident does not own a motor vehicle,]; or

(b) If the insurance
provides coverage for the operator only, in the state in which the
insured resides,

if the certificate otherwise conforms to the provisions of
this chapter . [,
and the]

2. The division
shall accept [it]the proof upon condition that the insurance carrier
complies with the following provisions with respect to the policies so
certified:

(a) The insurance carrier shall execute a power
of attorney authorizing the director to accept service on its behalf of notice
or process in any action arising out of an accident
involving a motor vehicle [accident]
in this state; and

(b) The insurance carrier shall agree in writing
that the policies shall be deemed to conform with the laws of this state
relating to the terms of liability policies for owners
of motor vehicles.

[2.]3. If any insurance carrier not authorized
to transact business in this state which has qualified to furnish proof of
financial responsibility, defaults in any [such]
undertakings or agreements, the division shall not thereafter accept as proof
any certificate of that carrier whether theretofore filed or thereafter
tendered as proof, so long as the default continues.

Sec. 20. NRS 485.3091 is
hereby amended to read as follows:

485.3091 1. [A motor vehicle liability policy as the term is used
in this chapter means an owners or an operators policy of liability insurance
issued, except as otherwise provided in NRS 485.309, by an insurance carrier
duly authorized to transact business in this state, to or for the benefit of
the person named therein as insured.

2. Such an]An owners policy of liability insurance must:

(a) Designate by explicit description or by
appropriate reference all motor vehicles with respect to which coverage is
thereby to be granted; and

(b) Insure the person named therein and any
other person, as insured, using any such motor vehicle [or
motor vehicles] with the express or implied permission of the
named insured, against loss from the liability imposed by law for damages
arising out of the ownership, maintenance or use of such motor vehicle [or motor vehicles] within the United
States of America or the Dominion of Canada, subject to limits exclusive of
interest and costs, with respect to each such motor vehicle, as follows: [$15,000 because]

(1) Because of
bodily injury to or death of one person in any one accident, [and, subject]$15,000;

(2) Subject to
the limit for one person, [$30,000]
because of bodily injury to or death of two or more persons in any one accident
[, and $10,000 because]$30,000; and

(3) Because
of injury to or destruction of property of others in any one accident [.

3. Such an], $10,000.

2. An
operators policy of liability insurance must insure the person named as
insured therein against loss from the liability imposed upon him by law for
damages arising out of the use by him of any motor vehicle [not owned by him,] within the same
territorial limits and subject to the same limits of liability as are set forth
[above with respect to an owners policy of
liability insurance.

4. Such a]in paragraph (b) of subsection 1.

3. A motor
vehicle liability policy must state the name and address of the named insured,
the coverage afforded by the policy, the premium charged therefor, the [policy] period of
effectiveness and the limits of liability, and must contain an agreement
or be endorsed that insurance is provided thereunder in accordance with the
coverage defined in this chapter as respects bodily injury and death or
property damage, or both, and is subject to all the provisions of this chapter.

[5. Such a]

4. A motor
vehicle liability policy need not insure any liability under any workmens
compensation law nor any liability on account of bodily injury to or death of
an employee of the insured while engaged in the employment, other than
domestic, of the insured, or while engaged in the operation, maintenance or
repair of any [such] motor vehicle [,]owned by the
insured nor any liability for damage to property owned by, rented to, in
charge of or transported by the insured.

[6.]5. Every motor vehicle liability policy is
subject to the following provisions which need not be contained therein:

(a) The liability of the insurance carrier with
respect to the insurance required by this chapter becomes absolute whenever
injury or damage covered by the [motor vehicle
liability] policy occurs . [; the]The
policy may not be canceled or annulled as to such liability by any agreement
between the insurance carrier and the insured after the occurrence of the
injury or damage . [;
no]No statement made by the
insured or on his behalf and no violation of the policy defeats or voids the
policy.

(b) The satisfaction by the insured of a
judgment for [such] injury or
damage is not a condition precedent to the right or duty of the insurance
carrier to make payment on account of the injury or damage.

(c) The insurance carrier may settle any claim
covered by the policy, and if such a settlement is made in good faith, the
amount thereof is deductible from the limits of liability specified in
paragraph (b) of subsection [2 of this section.]1.

(d) The policy, the written application
therefor, if any, and any rider or endorsement which does not conflict with the
provisions of this chapter constitute the entire contract between the parties.

[7.] 6. Any policy which grants the coverage
required for a motor vehicle liability policy may also grant any lawful
coverage in excess of or in addition to the coverage specified for a motor
vehicle liability policy, and the excess or additional coverage is not subject
to the provisions of this chapter. [With respect
to a policy which grants such excess or additional coverage the term motor
vehicle liability policy applies only to that part of the coverage which is
required by this section.

8.]7. Any motor vehicle liability policy may
provide for the prorating of the insurance thereunder with other valid and
collectible insurance.

[9.]8. The requirements for a motor vehicle
liability policy may be fulfilled by the policies of one or more insurance
carriers, which policies together meet those requirements.

[10.]9. Any binder issued pending the issuance
of a motor vehicle liability policy shall be deemed to fulfill the requirements
for such a policy.

Sec. 21. NRS 485.3092 is
hereby amended to read as follows:

485.3092 When an insurance carrier has
issued a motor vehicle liability policy, the insurance so issued must not be
canceled or terminated until at least 10 days after a notice of cancellation or
termination of the insurance has been mailed first class or delivered to the
insured and, if the insurance carrier has certified the policy under NRS
485.308 or 485.309, a notice has also been filed in the office of the division.
A policy subsequently procured and certified, on the effective date of its certification,
terminates the insurance previously certified with respect to any motor vehicle
designated or the person named as the insured operator in
both certificates. If the effective date of the termination is within 3 years
after the date of reinstatement of a license, registration or privilege, the
division shall suspend the license and registration or privilege.

Sec. 22. NRS 485.3096 is
hereby amended to read as follows:

485.3096 Whenever any person required to
give proof of financial responsibility hereunder is or later becomes an
operator in the employ of any owner [,]of a motor vehicle, or is or later becomes a
member of the immediate family or household of the owner, the division shall
accept proof of financial responsibility given by
[such]the
owner , excluding an operators policy of liability
insurance, in lieu of proof by [such]the other person to permit [such]the
other person to operate a motor vehicle for which the owner has given proof as
herein provided. The division shall designate the restrictions imposed by this
section on the face of [such persons]that operators license.

Sec. 23. NRS 485.326 is
hereby amended to read as follows:

485.326 The department shall suspend the
license of any person convicted of violating [NRS
485.185]section 9 of this act and
the registration of the vehicle described on the report of conviction. The
license and registration must remain suspended until he shows proof of
financial responsibility as set forth in NRS 485.307. He shall maintain proof
of financial responsibility for 3 years after the reinstatement of his license
and registration in accordance with the provisions of this chapter, and if he
fails to do so, the division shall suspend his license and registration.

485.383 1. The department
shall annually select a sample of not less than 10 percent of all [motor vehicles] registered owners in this state, except registered
owners of motorcycles and motor homes, on which the security is a
contract of insurance for a verification of [motor
vehicle]liability insurance.

2. The department shall mail a form for
verification to the registered owner [of each vehicle] selected for
verification of insurance. The owner shall complete the form with all the
information which is requested by the department ,
including whether he carries an owners or operators policy of liability
insurance, and return the completed form within 15 days after the date
on which the form was mailed by the department.

3. When the department receives a
completed form for verification it shall mail the form to the named insurer.

4. Upon receipt of a form for
verification of insurance from the department, the insurer shall verify the
information on the form and return it to the department only if the insurer did
not have a contract of insurance [covering the
vehicle on the date the vehicle was selected pursuant to subsection 1.]as indicated on the form by the registered owner.

5. The department shall suspend the
registration of the vehicle and require the return to the department of the
license plates of any vehicle for which a form for verification is:

(a) Not returned to the department by the registered owner within 15 days;

(b) Returned by the insurer with a denial of
coverage; or

(c) Returned by the owner with an admission of
no coverage or without indicating an insurer or the number of a policy.

6. If an owner who did not return a
completed form for verification within the specified period:

(a) Proves to the satisfaction of the department
that there was a justifiable cause for his failure to do so;

(b) Submits a completed form regarding his
insurance on the date [the vehicle]he was selected pursuant to subsection 1; and

(c) Presents evidence of current insurance,

the department shall rescind its suspension of the
registration and mail the completed form to the named insurer. Upon receipt of
the form from the department, the insurer shall verify the information on the
form and return it to the department only if the insurer did not have a
contract of insurance [covering the vehicle]
on the date [the vehicle]he was selected pursuant to subsection 1. If the form
is returned by the insurer with a denial of such coverage, the department shall
suspend the registration and require the return of the license plates.

7. Except as otherwise provided in
subsection 11, the department shall reinstate the registration of a vehicle and
reissue the license plates only upon filing by the registered
owner of proof of financial responsibility for a period of 3 years.

8. A denial of coverage, signed by an
officer or agent of an insurer, is prima facie evidence of a false
certification.

9. If the department believes a person
has violated the provisions of NRS 485.185, it shall notify the district
attorney of the county in which the person resides.

10. An insurer, its agents, the
department and its employees who act pursuant to this section in good faith and
without gross negligence are immune from civil liability for those acts.

11. If [an]a registered owner proves to the satisfaction of
the department that his vehicle was not used in this state for a 30-day period,
including the date on which the sample was taken, the department shall not
require him to file proof of financial responsibility as a prerequisite to
reinstating his registration and reissuing his license plates.

Sec. 25. NRS 686A.300 is
hereby amended to read as follows:

686A.300 1. An insurer who
issues [vehicle] insurance covering damage to a motor vehicle shall not delay
making payment for any claim involving damage to a motor
vehicle [physical damage claim]
after receiving a statement of charges, pursuant to the provisions of NRS
487.035, from any person or garage previously authorized by the insurer to
perform the [repair work]repairs required by [such
physical damage]that claim.

2. A delay, within the meaning of this
section, is failure to issue a check or draft, payable to the person repairing
or to the insured and person repairing jointly, within 30 days after the
insurers receipt of the statement of charges for [repair
work which has]repairs which have
been satisfactorily completed.

Sec. 26. Chapter 690B of NRS
is hereby amended by adding thereto a new section to read as follows:

An insurer may issue to a
holder of an operators policy of liability insurance a policy covering damage
to one or more of the operators vehicles. The policy is not required to
provide liability insurance or uninsured vehicle coverage.

Sec. 27. NRS 690B.020 is
hereby amended to read as follows:

690B.020 1. [No]Except as
otherwise provided in this section and section 26 of this act, no policy
insuring against liability arising out of the ownership, maintenance or use of
any motor vehicle may be delivered or issued for delivery in this state [with respect to any motor vehicle registered or
principally garaged in this state] unless coverage is provided
therein or supplemental thereto for the protection of persons insured thereunder
who are legally entitled to recover damages, from owners or operators of
uninsured or hit-and-run motor vehicles, for bodily injury, sickness or
disease, including death, resulting from the ownership, maintenance or use of
the uninsured or hit-and-run motor vehicle . [; but no]No
such coverage is required in or supplemental to a policy issued to the State of
Nevada or any political subdivision thereof, or where rejected in writing, on a
form furnished by the insurer describing the coverage being rejected, by an
insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured.

coverage is then requested in writing by the named insured.
The coverage required in this section may be referred to as uninsured vehicle
coverage.

2. The amount of coverage to be provided
must be not less than the minimum limits for liability
insurance for bodily injury [liability
insurance] provided for under chapter 485 of NRS, but may be in
an amount not to exceed the coverage for bodily
injury [coverage] purchased by the
policyholder.

3. For the purposes of this section the
term uninsured motor vehicle means a motor vehicle:

(a) With respect to which there is not available
at the department of motor vehicles and public safety evidence of financial
responsibility as required by chapter 485 of NRS;

(b) With respect to the ownership, maintenance
or use of which there is no liability insurance for bodily
injury [liability insurance] or
bond applicable at the time of the accident, or, to the extent of such
deficiency, any liability insurance for bodily
injury [liability insurance] or
bond in force is less than the amount required by NRS 485.210;

(c) With respect to the ownership, maintenance
or use of which the company writing any applicable liability
insurance for bodily injury [liability
insurance] or bond denies coverage or is insolvent;

(d) Used without the permission of its owner if
there is no liability insurance for bodily injury
[liability insurance] or bond
applicable to the operator; [or]

(e) Used with the
permission of its owner who has insurance which does not provide coverage for
the operation of the motor vehicle by any person other than the owner if there
is no liability insurance for bodily injury or bond applicable to the operator;
or

(f) The owner or
operator of which is unknown or after reasonable diligence cannot be found if:

(1) The bodily injury or death has
resulted from physical contact of the automobile with the named insured or the
person claiming under him or with an automobile which the named insured or such
a person is occupying; and

(2) The named insured or someone on his
behalf has reported the accident within the time required by NRS 484.223,
484.225 or 484.227 to the police department of the city where it occurred, or
if it occurred in an unincorporated area, to the sheriff of the county or to
the Nevada highway patrol.

4. For the purposes of this section the
term uninsured motor vehicle also includes, subject to the terms and
conditions of coverage, an insured other motor vehicle where:

(a) The liability insurer of the other motor
vehicle is unable because of its insolvency to make payment with respect to the
legal liability of its insured within the limits specified in its policy;

(b) The occurrence out of which legal liability
arose took place while the uninsured [motor]
vehicle coverage required under paragraph (a) was in effect; and

(c) The insolvency of the liability insurer of
the other motor vehicle existed at the time of, or within 2 years after, the
occurrence.

Nothing contained in this subsection prevents any insurer
from providing protection from insolvency [protection] to its insureds under more
favorable terms.

5. If payment is made to any person under
uninsured [motor] vehicle coverage,
and subject to the terms of the coverage, to the extent of such payment the
insurer is entitled to the proceeds of any settlement or recovery from any
person legally responsible for the bodily injury as to which payment was made,
and to amounts recoverable from the assets of the insolvent insurer of the
other motor vehicle.

6. A vehicle involved in a collision
which results in bodily injury or death shall be presumed to be an uninsured
motor vehicle if no evidence of financial responsibility is supplied to the
department of motor vehicles and public safety in the manner required by
chapter 485 of NRS within 60 days after the collision occurs.

Sec. 28. NRS 690B.023 is
hereby amended to read as follows:

690B.023 If security for the operation of
a motor vehicle is approved by a contract of insurance, the insurer shall
provide evidence of insurance to the insured on a form provided by the
commissioner. The evidence of insurance must show:

2. Section 24 of this act becomes
effective at 12:02 a.m. on July 1, 1987.

________

κ1987
Statutes of Nevada, Page 1101κ

CHAPTER 476, SB 241

Senate Bill No. 241Committee
on Commerce and Labor

CHAPTER 476

AN ACT relating to contractors; creating a
rebuttable presumption of a willful violation of the building laws for failure
to secure a building permit; requiring that a contractor display his name and
license number on each commercial motor vehicle registered under his name; and
providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 624 of NRS
is hereby amended by adding thereto a new section to read as follows:

A licensee shall display on
each commercial motor vehicle registered under his name, his name and the
number of his license, in letters and numbers approximately 1 1/2 inches high.

Sec. 2. NRS 624.3011 is
hereby amended to read as follows:

624.3011 1. The
following acts, among others, constitute cause for disciplinary action under
NRS 624.300:

[1.](a) Willful and prejudicial departure from or
disregard of plans or specifications in any material respect without the
consent of the owner or his duly authorized representative and the person
entitled to have the particular construction project or operation completed in
accordance with the plans and specifications.

[2.](b) Willful or deliberate disregard and violation
of:

[(a)](1) The building laws of the state or of any
political subdivision thereof.

[(b)](2) The safety laws or labor laws of the state.

[(c)](3) Any provision of the Nevada health and safety
laws or the regulations adopted thereunder relating to the digging, boring or
drilling of water wells.

[(d)](4) The laws of this state regarding industrial
insurance.

2. If a contractor
performs construction without obtaining any necessary building permit, there is
a rebuttable presumption that the contractor willfully and deliberately
violated the building laws of this state or of its political subdivisions. The
board shall not require the contractor to obtain that permit more than 90 days
after the construction is completed.

Sec. 3. NRS 624.307 is
hereby amended to read as follows:

624.307 1. It is unlawful
for any person, including a person exempt under NRS 624.330, to advertise as a
contractor unless he has a valid license in the appropriate classification
established by NRS 624.215 and 624.220.

2. As used in this section, advertising
includes but is not limited to the issuance of any sign, card or device or by
the permitting or allowing of any sign or marking on a motor
vehicle, in any building, structure, newspaper, magazine [,]or
airway transmission or in any directory under the listing of contractor with or
without any limiting qualifications.

3. All advertising by a licensed
contractor [shall]must include the number of his license.

________

CHAPTER 477, AB 212

Assembly Bill No. 212Committee
on Transportation

CHAPTER 477

AN ACT relating to state highways;
allowing the department of transportation to relinquish certain property to
other state agencies; allowing the department and local authorities to require
permits for certain uses of highways; providing a penalty for these and certain
other uses of highways; and providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 408.527 is
hereby amended to read as follows:

408.527 1. Whenever the
department and the county or city concerned have entered into an agreement
providing therefor, and the legislative body of the county or city has adopted
a resolution consenting thereto, the board may relinquish to the county or city
any portion of any state highway which has been deleted from the state highway
system by legislative enactment. The department may likewise relinquish any
portion of any state highway which has been superseded by relocation or which
the department determines exceeds its needs. [Nothing
in NRS 408.523 limits the power of the board to relinquish abandoned or vacated
portions of a state highway to counties and cities.]

2. By resolution
of the board, the department may upon request relinquish to the division of
state lands of the state department of conservation and natural resources for
the public use of another state agency any portion of any state highway which
has been superseded by relocation or which the department determines exceeds
its needs.

3. Relinquishment
must be made by a resolution. A certified copy of the resolution must be filed
with the legislative body of the county or city concerned. The resolution must
be recorded in the office of the county recorder of the county where the land
is located and, upon recordation, all right, title and interest of the state in
and to that portion of any state highway vests in the county [or city,], city
or division, as the case may be . [, and the highway or portion thereof becomes a county
road or city street as long as it is used by the county or city for any public
purpose. If the public purpose is abandoned or ceases to exist, then all right,
title and interest of the county or city reverts to the department.]

4. Nothing in NRS
408.523 limits the power of the board to relinquish abandoned or vacated
portions of a state highway to a county, city or the division. If the purpose
for which it is relinquished is abandoned or ceases to exist, then all right, title and interest of the county,
city or division reverts back to the department.

to exist, then all right, title and
interest of the county, city or division reverts back to the department.

5. The
vesting of all right, title and interest of the [state]department in and to portions of any state
highways relinquished previously by the department in the city [or],
county or state agency to which it was
relinquished is hereby confirmed.

Sec. 2. NRS 484.313 is
hereby amended to read as follows:

484.313 1. The
department of transportation and local authorities may with respect to any
controlled-access highway under their respective jurisdictions prohibit or require a permit for the use of the highway by
pedestrians, bicycles or other nonmotorized traffic or by any person operating
a power cycle.

2. Any person who
violates any prohibition or restriction enacted pursuant to subsection 1 is
guilty of a misdemeanor.

Sec. 3. NRS 484.471 is
hereby amended to read as follows:

484.471 1. A procession,
except a funeral procession, or parade, except the forces of the United States
Armed Services, the military forces of this state and the forces of the police
and fire departments, must not occupy, march or proceed along any highway
except in accordance with the permit issued by the proper public authority.

2. A sound truck or other vehicle
equipped with an amplifier or loudspeaker must not be driven upon any highway
for the purpose of selling, offering for sale or advertising in any fashion
except in accordance with a permit issued by the proper public authority.

3. An oversized or overweight vehicle or
equipment must not be driven, occupy or proceed upon any highway except in
accordance with a permit issued by the proper public authority.

Any person who violates any provision
of this section is guilty of a misdemeanor.

(1) To
carry out the charitable purposes of the grand lodges or the subordinate lodges
thereof; [or for]

(2) For the
establishment and endowment of a college, [school
or schools, hospital or hospitals, cemetery or cemeteries,]school, hospital, cemetery or funeral establishment, as
defined in subsection 3 of NRS 642.010, in this state; and [for]

(3) For the
necessary uses, purposes and ceremonies of the order.

(d) [To elect]Elect or appoint, according to their respective
regulations and customs, not less than 3 nor more than 15 persons, to serve as
trustees, who shall have charge of all the real and personal property belonging
thereto [,] and transact all
business relative thereto.

2. Generally, the grand lodges and their
subordinate lodges [shall be]are entitled to all the rights, privileges and
immunities usually had or enjoyed by such corporations.

Sec. 2. NRS 695A.170 is
hereby amended to read as follows:

695A.170 1. [It is lawful for a society to]A society may create, maintain and operate charitable,
benevolent or educational institutions for the benefit of its members and their
families and dependents and for the benefit of children insured by the society.
For [such]that
purpose it may own, hold or lease personal property or real property located
within or without this state, with necessary buildings thereon. Such property [shall]must
be reported in every annual statement but [shall]may not be allowed as an admitted asset of [such]the
society.

2. Maintenance, treatment and proper
attendance in any such institution may be furnished free or a reasonable charge
may be made therefor, but no such institution [shall]may be operated for profit.

3. The society shall maintain a separate
accounting of any income and disbursements under this section and report them
in its annual statement.

[4. No
society shall own or operate funeral homes or undertaking establishments.]

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1987
Statutes of Nevada, Page 1105κ

CHAPTER 479, SB 495

Senate Bill No. 495Committee
on Commerce and Labor

CHAPTER 479

AN ACT relating to leasing of motor
vehicles; clarifying that the liability of a lessee for the residual value of a
motor vehicle is limited only upon the scheduled expiration of the lease;
requiring a lease of a commercial vehicle to describe the reasonable standards
for wear and tear only if the lessor has identified such standards; and
providing other matters properly relating thereto.

[Approved June 13, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 100.125 is
hereby amended to read as follows:

100.125 1. Where the
commercial vehicle lease contains an amount identified as the lessees
liability upon expiration of the lease based on the estimated residual value of
the vehicle, the estimated residual value must be a reasonable approximation of
the actual residual value of the vehicle upon expiration of the lease.

2. There is a rebuttable presumption that
the estimated residual value is unreasonable to the extent that it exceeds the
actual residual value by more than three times the average payment allocable to
a monthly period under the lease. The lessor shall not collect from the lessee
the amount of that excess liability on expiration of a commercial vehicle lease
unless the lessor brings a successful action with respect to that excess
liability, and if the lessors action is unsuccessful he must pay the lessees
costs and reasonable attorneys fees. This presumption does not apply to the
extent the excess of estimated residual value over actual residual value is due
to physical damage to the vehicle beyond reasonable wear and use, or to
excessive use. The lease must set reasonable standards for wear and use [.]if the lessor
establishes such standards.

Sec. 2. NRS 100.155 is
hereby amended to read as follows:

100.155 1. The lessor shall
give the lessee written notice of his intention to establish the residual value
of the vehicle under the vehicle lease or commercial vehicle lease at least 15
days before that action is taken. The notice must be given in person to the
lessee or sent by mail to the address of the lessee shown on the lease, or to
his last known address, unless the lessee has notified the lessor in writing of
a different address.

2. The notice must:

(a) List separately any actual or estimated charges
due under the vehicle lease or commercial vehicle lease as of the date of the
notice, notwithstanding any possible limitations on the liability of the lessee
provided by the Consumer Leasing Act of 1976 (15 U.S.C. § 1667(b));

(b) [Inform the
lessee that his maximum total liability under the vehicle lease or commercial
vehicle lease is limited to three times the average payment allocable to a
monthly period under the lease if the estimated residual value exceeds the
actual residual value and the difference is not due to physical damage to the vehicle beyond reasonable wear and
use or to excessive use;

to physical damage to the vehicle
beyond reasonable wear and use or to excessive use;

(c)] Inform the
lessee that he has the right to submit a written bid for the purchase of the
vehicle before its value is established; and

[(d)](c) Inform the lessee of the probable residual
value of comparable vehicles on the date of the notice as estimated in the then
current version of the Kelley Blue Book or its equivalent.

3. If the lease is
not in default, or if the lease has not been terminated before its scheduled
expiration, the notice must also inform the lessee that his maximum total
liability under the vehicle lease or commercial vehicle lease is limited to
three times the average payment allocable to a monthly period under the lease
if the estimated residual value exceeds the actual residual value and the
difference is not the result of physical damage to the vehicle beyond
reasonable wear and use or to excessive use.

AN ACT relating to traffic laws; requiring
the driver and passengers in certain motor vehicles to wear safety belts;
requiring the superintendent of public instruction to conduct a study to
determine whether safety restraints should be required in school buses; and
providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484.641 is
hereby amended to read as follows:

484.641 1. It is unlawful to
drive a passenger car manufactured after:

(a) January 1, 1968, on a highway unless it is
equipped with at least two lap-type safety belt assemblies for use in the front
seating positions.

(b) January 1, 1970, on a highway, unless it is
equipped with a lap-type safety belt assembly for each permanent seating
position for passengers. This requirement does not apply to the rear seats of
vehicles operated by a police department or sheriffs office.

(c) January 1, 1970, unless it is equipped with
at least two shoulder-harness-type safety belt assemblies for use in the front
seating positions.

2. Any person driving and any passenger 5
years of age or older who rides in the front or back seat
of any vehicle described in subsection 1, having an unladen weight of less than
6,000 pounds, on any highway, road or street in this state shall wear a safety
belt if one is available for his seating position.

3. A citation must be issued to any
driver or to any adult passenger who fails to wear a safety belt as required by
subsection 2. If the passenger is a child 5 years of age or older but under 18
years, a citation must be issued to the driver for his failure to require that
child to wear the safety belt, but if both the driver and that child are not
wearing safety belts, only one citation may be issued to the driver for both
violations. A citation may be issued pursuant to this subsection only if the
violation is discovered when the vehicle is halted or its driver arrested for
another alleged violation or offense. Any person who violates the provisions of
subsection 2 shall be punished by a fine of not more than $25 or by a sentence
to perform a certain number of hours of work for the community.

4. A
violation of subsection 2 : [is]

(a) Is not a moving
traffic violation under NRS 483.473 . [and may]

(b) May not be
considered as negligence or as causation in any
civil action or as negligent or reckless driving under NRS 484.377.

(c) May not be considered
as misuse or abuse of a product or as causation in any action brought to
recover damages for injury to a person or property resulting from the
manufacture, distribution, sale or use of a product.

[4.]5. The department shall exempt those types
of motor vehicles or seating positions from the requirements of subsection 1
when compliance would be impractical.

[5.]6. The provisions of subsections 2 and 3
do not apply:

(a) To a driver or passenger who possesses a
written statement by a physician certifying that he is unable to wear a safety
belt for medical or physical reasons;

(b) If the vehicle is not required by federal
law to be equipped with safety belts;

(c) To an employee of the United States Postal
Service while delivering mail in the rural areas of this state;

(d) If the vehicle is stopping frequently, the
speed of that vehicle does not exceed 15 miles per hour between stops and the
driver or passenger is frequently leaving the vehicle or delivering property
from the vehicle; or

(e) To a passenger riding in a means of public
transportation, including a taxi, school bus or emergency vehicle.

[6.]7. It is unlawful for any person to
distribute, have for sale, offer for sale or sell any safety belt or shoulder
harness assembly for use in a motor vehicle unless it meets current minimum
standards and specifications of the United States Department of Transportation.

Sec. 8. 1. Sections
1, 2 and 6 of this act become effective on July 1, 1986, but if, before that
date, the Federal Government authorizes a maximum speed limit greater than 60
miles per hour, those sections become effective on the date that limit takes
effect.

2. Section 3 of
this act becomes effective on July 1, 1986, but if, before that date, the
Federal Government authorizes a maximum speed limit greater than 60 miles per
hour, that section becomes effective on the date that limit takes effect or at
12:01 a.m. on July 1, 1985, whichever is later.

3. If the
Federal Government withholds money from this state that it would have received
but for the provisions of this act, sections 1, 2, 3 and 6 of this act expire
by limitation on the date that the money is actually withheld.

4. [If Nevada is authorized by the Federal Government to
impose a maximum speed limit of or greater than 70 miles per hour, section]Section 5 of this act becomes effective on July
1, [1986, or on the date of that authorization,
whichever is earlier. If that section takes effect, it expires by limitation on
July 2, 1989.]1987.

5. This section
and sections 4 and 7 of this act become effective on July 1, 1985.

Sec. 3. The superintendent
of public instruction shall:

1. Conduct a study to determine the
merits and feasibility of requiring passengers seats in school buses to be
equipped with seat belts, additional padding or any other safety restraints;

2. Prepare a report containing his findings
and recommendations; and

3. Submit his report and any recommended
legislation to the 65th session of the Nevada legislature.

Sec. 4. Sections 1 and 2 of
this act expire by limitation on the date on which the Secretary of the United
States Department of Transportation, or his authorized representative, rescinds
that portion of the Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. §
571.208) which requires the installation of automatic restraints in new private
passenger motor vehicles. Sections 1 and 2 of this act do not expire by
limitation, however, if the secretarys decision to rescind that standard is
not based, in any respect, on the enactment or continued operation of those
sections.

Sec. 5. 1. This
section and sections 2, 3 and 4 of this act become effective on July 1, 1987.

2. Section 1 of this act becomes
effective at 12:01 a.m. on July 1, 1987.

AN ACT relating to occupational disease;
including cancer as an occupational disease for firemen; and providing other
matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 617 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Notwithstanding
any other provision of this chapter, cancer, resulting in either temporary or
permanent disability, or death, is an occupational disease and compensable as
such under the provisions of this chapter if:

(a) The cancer develops
or manifests itself out of and in the course of the employment of a person who,
for 5 years or more, has been:

(1) Employed in
this state in a full-time salaried occupation of fire fighting for the benefit
or safety of the public; or

(2) Acting as a
volunteer fireman in this state and is entitled to the benefits of chapter 616
of NRS pursuant to the provisions of NRS 616.070; and

(b) It is demonstrated
that:

(1) He was
exposed, while in the course of the employment, to a known carcinogen as
defined by the International Agency for Research on Cancer or the National
Toxicology Program; and

(2) The carcinogen
is reasonably associated with the disabling cancer.

2. Compensation
awarded to the employee or his dependents for disabling cancer pursuant to
subsection 1 must include:

(a) Full reimbursement
for related expenses incurred for medical treatments, surgery and
hospitalization; and

(b) The compensation
provided in chapter 616 of NRS for the disability or death.

3. Disabling
cancer is presumed to have developed or manifested itself out of and in the
course of the employment of any fireman described in this section. This
presumption applies to disabling cancer diagnosed after the termination of the
persons employment if the diagnosis occurs within a period, not to exceed 60
months, which begins with the last date the employee actually worked in the
qualifying capacity and extends for a period calculated by multiplying 3 months
by the number of full years of his employment.

AN ACT creating the commission for the
bicentennial of the United States Constitution; making an appropriation for its
support; and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 236 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. There is hereby
created the commission for the bicentennial of the United States Constitution,
consisting of the members appointed to the Nevada commission of the
bicentennial of the United States Constitution by executive order of the
governor.

2. The commission
may accept gifts and grants of money and property and use those gifts and
grants to recognize and celebrate the 200th anniversary of the United States
Constitution.

3. NRS 353.335
does not apply to the provisions of this section.

Sec. 2. NRS 353.335 is hereby
amended to read as follows:

353.335 1. Except as otherwise provided in subsections 4 and 5, and section 1 of this act, a state agency may accept
any gift or grant of property or services from any source only if it is
included in an act of the legislature authorizing expenditures of
nonappropriated money or, when it is not so included, if it is approved as
provided in subsection 2.

2. If:

(a) Any proposed gift or grant is necessary for
the protection or preservation of life or property, the governor shall take
reasonable and proper action to accept it and shall report the action, and his
reasons for determining that immediate action was necessary, to the interim
finance committee at its first meeting after the action is taken. Action by the
governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval
before acceptance do not apply.

grant, and other provisions of this chapter requiring
approval before acceptance do not apply.

(b) The governor determines that any proposed
gift or grant would be forfeited if the state failed to accept it before the
expiration of the [time] period
prescribed in paragraph (c), he may declare that the proposed acceptance
requires expeditious action by the interim finance committee. Whenever the
governor so declares, the interim finance committee has 15 days after the
proposal is submitted to its secretary within which to approve or deny the
acceptance. Any proposed acceptance which is not considered within the 15-day
period shall be deemed approved.

(c) The proposed acceptance of any gift or grant
which does not qualify under paragraph (a) or (b) must be submitted to the
interim finance committee. The interim finance committee has 45 days after the
proposal is submitted to its secretary within which to consider acceptance. Any
proposed acceptance which is not considered within the 45-day period shall be
deemed approved.

3. The secretary shall place each request
submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda
of the next meeting of the interim finance committee.

4. In acting upon a proposed gift or
grant, the interim finance committee shall consider, among other things:

(a) The need for the facility or service to be
provided or improved;

(b) Any present or future commitment required of
the state;

(c) The extent of the program proposed; and

(d) The condition of the national economy, and
any related fiscal or monetary policies.

5. A state agency may accept:

(a) Gifts not exceeding $10,000 each in value;
and

(b) Governmental grants not exceeding $50,000
each in value,

if the gifts or grants are used for purposes which do not
involve the hiring of new employees and if the agency has the specific approval
of the governor or, if the governor delegates this power of approval to the
chief of the budget division of the department of administration, the specific
approval of the chief.

6. This section does not apply to:

(a) The state industrial insurance system;

(b) The University of Nevada System; or

(c) The department of human resources while
acting as the state health planning and development agency pursuant to
paragraph (c) of subsection 1 of NRS 439A.081.

Sec. 3. There is hereby
appropriated from the state general fund to an account for the support of the
commission for the bicentennial of the United States Constitution the sum of
$25,000.

Sec. 4. Any remaining
balance of the appropriation made by section 3 of this act must not be
committed for expenditure after June 30, 1991, and reverts
to the state general fund as soon as all payments of money committed have been
made.

reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 5. This act becomes
effective upon passage and approval.

________

CHAPTER 483, AB 206

Assembly Bill No. 206Committee
on Judiciary

CHAPTER 483

AN ACT relating to the secretary of state;
providing for the disposition of excess payments made to the secretary of
state; increasing certain fees; eliminating certain of his duties; revising the
procedure for the issuance of a certificate of appointment as a notary public;
clarifying a prohibition relating to notaries public; limiting the period of
registration for the names and insignia of certain associations; and providing
other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 225 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. If any money is
paid to the secretary of state which exceeds by less than $5 the amount
required by law to be paid, the secretary of state shall deposit the excess
payment with the state treasurer for credit to the state general fund.

2. If a payment
exceeds the amount required by law to be paid by $5 or more, the secretary of
state shall, if practicable, refund the excess. If the secretary of state
cannot make the refund, he shall deposit the excess payment with the state
treasurer for credit to the state general fund.

3. Any person who
claims a refund of an excess payment which is not refunded pursuant to
subsection 2 must, within 30 days after the date of the payment, make a claim
for a refund to the state board of examiners.

Sec. 2. NRS 225.140 is
hereby amended to read as follows:

225.140 1. In addition to
other fees authorized by law, the secretary of state shall charge and collect
the following fees:

For a copy of any
law, joint resolution, transcript of record, or other paper on file or of
record in his office, other than a document required to
be filed pursuant to Title 24 of NRS, per page [$0.50]...................................................... $1.00

For a copy of any document required to be filed pursuant to
Title 24 of NRS, per page....................................................................................................... .50

For certifying to
any such copy and use of the state seal, for each impression ................................................................................................................ 5.00

For registering a
mark , insignia or name.............................................. 25.00
For the delivery of an attested certificate of the record
of the registration of a mark , insignia or name................... $5.00

For the delivery
of an attested certificate of the record of the registration of a mark , insignia or name................................................................................. $5.00

For each passport
or other document signed by the governor and attested by the secretary of state................................................................................. 10.00

[For filing power of attorney.................................................................... 10.00]

For a negotiable
instrument returned [because of insufficient
funds]unpaid ................................................................................................................ 10.00

2. The secretary of state:

(a) Shall charge a reasonable fee for searching
records and documents kept in his office.

(b) May charge or collect any filing or other
fees for services rendered by him to the State of Nevada, any local
governmental agency or agency of the Federal Government, or any officer thereof
in his official capacity or respecting his office or official duties.

(c) May not charge or collect a filing or other
fee for:

(1) Attesting extradition papers or
executive warrants for other states.

(2) Any commission or appointment issued
or made by the governor, either for the use of the state seal or otherwise.

(d) May charge a
reasonable fee, not to exceed $50, for providing special services including,
but not limited to, providing service on the day it is requested or within 24
hours.

3. All fees
collected pursuant to paragraph (d) of subsection 2 must be deposited with the
state treasurer for credit to the account for special services of the secretary
of state in the state general fund. Any amount remaining in the account at the
end of a fiscal year must be carried forward into the next fiscal year. Money
in the account may be transferred to the secretary of states operating general
fund budget account and must only be used to create and maintain the capability
of the office of the secretary of state to provide special services, including,
but not limited to, providing service on the day it is requested or within 24
hours. Any transfer of money from the account for expenditure by the secretary
of state must be approved by the interim finance committee.

Sec. 3. NRS 218.440 is
hereby amended to read as follows:

218.440 1. The secretary of
state shall, after final adjournment of each session of the legislature, cause
all legislative bills and joint resolutions deposited with him after approval
by the governor, and all concurrent resolutions and memorials to be bound in a
substantial and suitable book or books, together with an index thereof.

2. [The
secretary of state shall personally superintend such work, and shall have
immediate control thereof at all times.

3.] The expenses
incurred in such work [shall]must be paid by the state in [such
manner as may be]the manner
directed by the state board of examiners.

Sec. 4. NRS 240.030 is
hereby amended to read as follows:

240.030 1. Each person applying for appointment as a notary public
shall:

(a) At the time he [receives
his certificate of appointment,]submits
his application, pay to the secretary of state $35.

(b) Take and subscribe to the oath set forth in
section 2 of article 15 of the constitution of the State of Nevada as if he
were a public officer.

(c) Enter into a bond to the State of Nevada in
the sum of $10,000, to be approved by the clerk of the county in which the [notary]applicant
resides.

2. The bond, together with the oath, must
be filed and recorded in the office of the county clerk of the county in which
the [notary]applicant resides when he [receives]applies for his appointment. On a form provided
by the secretary of state, the county clerk shall immediately certify to the
secretary of state that the bond and oath have been filed and recorded. [If, within 60 days after the appointment was made, the
secretary of state does not receive certification that the bond and oath were
filed, he shall revoke the appointment.]Upon
receipt of the application, fee and certification that the bond and oath have
been filed and recorded, the secretary of state shall issue a certificate of
appointment as a notary public to the applicant.

3. The secretary of state shall charge a
fee of $10 for each duplicate or amended certificate of appointment which is
issued to a notary.

Sec. 5. NRS 240.075 is
hereby amended to read as follows:

240.075 A notary public [may]shall
not:

1. Influence a person to enter or not
enter into a lawful transaction involving a notarial act performed by [a]the
notary public.

2. Certify an instrument containing a
statement known by him to be false.

3. Perform any act as a notary public
with intent to deceive or defraud.

4. Endorse or promote any product,
service or offering if his appointment as a notary public is used in the
endorsement or promotional statement.

Sec. 6. Chapter 600 of NRS is
hereby amended by adding thereto a new section to read as follows:

The secretary of state may
establish a reasonable fee, not to exceed $10, for the cancellation of
registrations pursuant to NRS 600.390. The secretary of state shall pay the
fees collected into the state treasury.

Sec. 7. NRS 600.370 is
hereby amended to read as follows:

600.370 1. Any mark and its
registration is assignable with the good will of the business in which the mark
is used, or with that part of the good will of the business connected with the
use of and symbolized by the mark. Assignment shall be by an instrument in
writing which may be recorded with the secretary of state upon the payment of a
fee of $25 to the secretary of state who, upon recording the assignment, shall
issue in the name of the assignee a [new]
certificate of assignment for the remainder of
the period of the registration.

2. An assignment of any registration is
void as against any subsequent purchaser for valuable consideration without
notice, unless:

(a) The assignment is recorded with the
secretary of state within 3 months after the date of the assignment; or

Sec. 8. Chapter 601 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The
registration of an insignia or name is effective for 10 years after the date of
registration. Upon application filed within 6 months before the expiration of
that period, on a form to be furnished by the secretary of state, the
registration may be renewed for a successive period of 10 years. A renewal fee
of $10, payable to the secretary of state, must accompany the application for
renewal of the registration.

2. The
registration of an insignia or name may be renewed for further successive
10-year periods if the requirements of subsection 1 are satisfied.

3. The secretary
of state shall give written notice to each registered society, organization or
association when its registration is about to expire. The notice must be mailed
within the year preceding the expiration date to the registrants last known
address.

Sec. 9. NRS 601.060 is
hereby amended to read as follows:

601.060 1. Application for
registration, alteration or cancellation [shall]must be made by the chief officer or officers of
the association, lodge, order, fraternal society, beneficial association, or
fraternal and beneficial society or association, historical, military, or
veterans organization, labor union, labor organization, foundation,
federation, or any other society, organization or association, degree, branch,
subordinate lodge, or auxiliary thereof, upon blanks to be provided by the
secretary of state.

2. Registration [shall
be]is for the use, benefit, and on
behalf of all associations, degrees, branches, subordinate lodges, and
auxiliaries of the association, lodge, order, fraternal society, beneficial
association, or fraternal and beneficial society or association, historical,
military, or veterans organization, labor union, labor organization,
foundation, federation, or any other society, organization or association,
degree, branch, subordinate lodge, or auxiliary thereof, and the individual
members and those [hereafter to]who become members thereof, throughout this state.

3. The application
for registration must be accompanied by a filing fee of $25 payable to the
secretary of state and, if the application is for registration of an insignia,
by a specimen or facsimile of the insignia in triplicate.

Sec. 10. NRS 601.080 is
hereby repealed.

Sec. 11. 1. This
section and sections 1, 3 and 4 of this act become effective upon passage and
approval.

2. Sections 2 and 5 to 10, inclusive, of
this act, become effective on July 1, 1987.

________

κ1987
Statutes of Nevada, Page 1116κ

CHAPTER 484, SB 234

Senate Bill No. 234Committee
on Commerce and Labor

CHAPTER 484

AN ACT relating to social workers;
providing for the regulation of social workers; creating the board of examiners
for social workers; providing for its organization, powers and duties; providing
for licensing and disciplinary actions; providing penalties; and providing
other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 641B of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
32, inclusive, of this act.

Sec. 2. The practice of social work is hereby declared a learned
profession, affecting public safety and welfare and charged with the public
interest, and is therefore subject to protection and regulation by the state.

Sec. 3. As used in this chapter, unless the context otherwise
requires:

1. Board means
the board of examiners for social workers.

2. Social work
means the application of methods, principles and techniques of case work, group
work, community organization, administration, planning, consultation and
research to assist persons, groups or communities to enhance or restore their
ability to function physically, socially and economically.

3. Clinical
social work means the application of methods, principles and techniques of
case work, group work, community organization, administration, planning,
consultation, research and psychotherapeutic methods and techniques to persons,
families and groups to help in the diagnosis and treatment of mental and
emotional conditions.

Sec. 4. This chapter does not apply to:

1. A physician
licensed to practice in this state;

2. A nurse
licensed to practice in this state;

3. A person
certified as a psychologist pursuant to chapter 641 of NRS;

4. A person
certified as a marriage and family counselor pursuant to chapter 641A of NRS;

5. A person
certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation
division of the department of human resources;

6. Any clergyman;

7. A county
welfare director;

8. Any person who
may engage in social work or clinical social work in his regular governmental
employment but does not hold himself out to the public as a social worker; or

9. A student of
social work and any other person preparing for the profession of social work
under the supervision of a qualified social worker in a training institution or
facility recognized by the board. Such a student must be designated by the
title student of social work or trainee in social work, or any other title
which clearly indicates his training status.

Sec. 5. 1. The board of examiners for social workers
consists of five members appointed by the governor.

2. Four members
appointed to the board must be licensed or eligible for licensure pursuant to
this chapter, except the initial members who must be eligible for licensure.

3. One member
appointed to the board must be a representative of the general public.

Sec. 6. 1. Upon expiration of his term of office, a
member shall continue to serve until a person qualified pursuant to this
chapter is appointed as his successor.

2. If a member
fails to attend meetings of the board or a member fails to attend to the
business of the board, as determined necessary in the discretion of the board,
the board shall so notify the governor, and the governor shall appoint a person
qualified pursuant to this chapter to replace the member for the remainder of
the unexpired term.

Sec. 7. 1. The board shall elect from its members a
president, a vice president and a secretary-treasurer, who hold their
respective offices at its pleasure.

2. An election of
officers must be held annually.

3. The board shall
meet at least once in each quarter of the year and may meet at other times at
the call of the president or a majority of its members.

4. A majority of
the board constitutes a quorum to transact all business.

Sec. 8. The board shall maintain a list of the name and address of
each person licensed pursuant to the provisions of this chapter.

Sec. 9. Each member of the board is entitled to receive:

1. A salary of not
more than $60 per day, as fixed by the board, while engaged in the business of
the board.

2. Reimbursement
for his actual and necessary expenses for subsistence, lodging and
transportation while traveling on the business of the board.

Sec. 10. 1. All reasonable expenses incurred by the board
in carrying out the provisions of this chapter must be paid from the fees which
it receives. No part of the salaries or expenses of the board may be paid out
of the state general fund.

2. All money
received by the board must be deposited in qualified banks or savings and loan
associations in this state and paid out on its order for its expenses.

Sec. 11. The board shall adopt such regulations as are necessary or
desirable to enable it to carry out the provisions of this chapter.

Sec. 12. Each applicant for a license shall furnish evidence
satisfactory to the board that he is:

1. At least 21
years of age.

2. A citizen of
the United States, or is lawfully entitled to remain and work in the United
States.

Sec. 13. 1. The board shall grant a license to engage in
social work as an associate in social work to any applicant who:

(a) Possesses the
preliminary qualifications set forth in section 12 of this act; and

(b) Is employed as a
social worker, supervisor of social work or administrator of social work on
July 1, 1988.

2. The provisions
of this section do not prohibit a social worker, supervisor of social work or
administrator of social work who is employed by a public employer on July 1,
1988, and who is granted a license to engage in social work as an associate in
social work pursuant to subsection 1, from being promoted to any position for
which he would qualify but for the provisions of this chapter.

Sec. 14. 1. The board shall grant a license to engage in
social work as a social worker to any applicant who possesses the preliminary
qualifications set forth in section 12 of this act and who:

(a) Possesses a
baccalaureate degree or masters degree in social work from a college or
university accredited by the Council on Social Work Education or which is a
candidate for such accreditation.

(b) Passes an examination
prescribed by the board.

2. A person
licensed as a social worker may engage in social work when under the
supervision of:

(a) An independent social
worker;

(b) A clinical social
worker; or

(c) An associate in
social work.

Sec. 15. 1. The board shall grant a license to engage in
social work as an independent social worker to any applicant who possesses the
preliminary qualifications set forth in section 12 of this act and who:

(a) Possesses a masters
or doctoral degree in social work from a college or university accredited by
the Council on Social Work Education or which is a candidate for such
accreditation.

(b) Completes 3,000 hours
of supervised, postgraduate social work approved by the board.

(c) Passes an examination
prescribed by the board.

2. A person
licensed as an independent social worker may:

(a) Engage in social work
independently or within an agency; and

(b) Supervise other
persons engaging in the practice of social work.

Sec. 16. 1. The board shall grant a license to engage in
social work as a clinical social worker to any applicant who possesses the
preliminary qualifications set forth in section 12 of this act and who:

(a) Possesses a masters
or doctoral degree in social work from a college or university accredited by
the Council on Social Work Education or which is a candidate for such
accreditation.

(b) Completes 3,000 hours
of supervised, postgraduate, clinical social work approved by the board.

Sec. 17. 1. Before the issuance of a license, each
applicant, otherwise eligible for licensure, who has paid the fee and presented
the required credentials, other than an applicant for a license to engage in
social work as an associate in social work, shall appear personally and pass a
written examination concerning his knowledge of the practice of social work.

2. Any such
examination must be fair and impartial, practical in character with questions
designed to discover the applicants fitness.

3. The board may
employ specialists and other professional consultants or examining services in
conducting the examination.

4. The member of
the board who is the representative of the general public shall not participate
in the grading of the examination.

5. The board shall
examine applicants for licensure at least twice a year.

Sec. 18. 1. The board may hold hearings and conduct
investigations into any matter related to an application for licensure. The
board may require the presentation of evidence.

2. If it appears
that the applicant is not of good moral character or reputation or that any
credential submitted is false, his application may be rejected.

Sec. 19. The board may grant a license without examination to a person
who holds a current license to engage in the practice of social work in a state
whose licensing requirements at the time the license was issued are deemed by
the board to be substantially equivalent to the requirements set forth in this
chapter.

Sec. 20. 1. Every holder of a license issued pursuant to
this chapter may renew his license annually by:

(a) Applying to the board
for renewal;

(b) Paying the annual
renewal fee set by the board; and

(c) Submitting evidence
to the board of his completion of the required continuing education.

2. The board
shall, as a prerequisite for the renewal of a license, require the holder to
comply with the requirements for continuing education adopted by the board.

Sec. 21. 1. If a licensee fails to comply with the
requirements of section 20 of this act within 60 days after the date his
license expires, the board shall send a notice to that effect by certified
mail, return receipt requested, to his last known address according to the
records of the board. If the license is not renewed within 30 days after the
licensee received the notice, then the license is automatically revoked without
any further notice or a hearing.

2. A person whose
license is revoked pursuant to subsection 1 may apply to the board for
restoration of his license by:

(a) Submitting a written
application for restoration;

(b) Paying all past due
renewal fees and the fee for restoration prescribed by the board; and

Sec. 23. The grounds for initiating disciplinary action under this
chapter are:

1. Unprofessional
conduct;

2. Conviction of:

(a) A felony;

(b) Any offense involving
moral turpitude; or

(c) A violation of any
federal or state law regulating the possession, distribution or use of any
controlled substance as defined in chapter 453 of NRS or dangerous drug as
defined in chapter 454 of NRS;

3. Use of fraud or
deception in:

(a) Applying for a
license;

(b) Undergoing the
initial licensing examination; or

(c) Rendering services as
a social worker;

4. Allowing
unauthorized use of a license issued pursuant to this chapter;

5. Professional
incompetence; and

6. Habitual
drunkenness.

Sec. 24. The board, any of its members or any member of a review panel
of social workers who becomes aware that any one or combination of the grounds
for initiating disciplinary action may exist as to a person practicing social
work in this state shall, and any other person who is so aware may, file a
written complaint specifying the relevant facts with the board. The complaint
must specifically charge one or more of the grounds for initiating disciplinary
action.

Sec. 25. As soon as practicable after the filing of such a complaint,
the board shall fix a date for a hearing thereon. The date may not be later
than 30 days after the complaint is filed, except that the date may be extended
upon agreement of both parties. The secretary-treasurer shall immediately
notify the defendant licensee of the complaint and the date and place fixed for
the hearing. A copy of the complaint must be attached to the notice.

Sec. 26. 1. The hearing of a complaint must be conducted
in private by the board.

2. The defendant
licensee must be accorded the right to appear in person and through the
representation of legal counsel. He must be given adequate opportunity to
confront the witnesses against him, testify and introduce the testimony of
witnesses in his behalf and submit arguments and briefs in person or through
his counsel. The board shall make and announce its decision as soon as
practicable.

3. The failure of
the person charged to attend his hearing or defend himself must not delay and
does not void the proceedings. The board may, for good cause shown, continue any
hearing from time to time.

4. If the board
finds the person guilty as charged in the complaint, it may by order:

(a) Place the person on
probation for a specified period or until further order of the board.

(b) Administer to the
person a public or private reprimand.

(c) Limit the practice of
the person to, or by exclusion of, one or more specified branches of social
work.

(d) Suspend the license
of the person to practice social work for a specified period or until further
order of the board.

(e) Revoke the license of
the person to practice social work.

(f) Impose a fine of not
more than $5,000, which must be deposited with the state treasurer for credit
to the state general fund.

The order of the board may contain
other terms, provisions or conditions as the board deems proper and which are
not inconsistent with law.

Sec. 27. If the board revokes or suspends a license for a fixed time,
the licensee may apply for a rehearing within 10 days after the revocation or
suspension occurs.

Sec. 28. No sooner than 1 year after the date his license is revoked, a
licensee may apply to the board for its reinstatement. The board has complete discretion
to accept or reject such an application and may require successful completion
of an examination as a condition of reinstatement.

Sec. 29. It is unlawful for any person to represent himself as a social
worker within the meaning of this chapter unless he is licensed pursuant to the
provisions of this chapter.

Sec. 30. It is unlawful for any person, other than a person licensed
pursuant to this chapter, to use the title of a licensee in connection with his
work, or in any other way imply that he is licensed by the board, unless he is
so licensed.

Sec. 31. Any person who violates any of the provisions of this chapter
or, having had his license suspended or revoked, continues to represent himself
as a social worker, is guilty of a misdemeanor.

Sec. 32. A violation of this chapter by a person unlawfully
representing himself as a social worker may be enjoined by a district court on
petition by the board. In any such proceeding it is not necessary to show that
any person is individually injured. If the respondent is found guilty of
misrepresenting himself as a social worker, the court shall enjoin him from
such representations unless and until he has been licensed. The procedure in
such proceedings must be the same as for any other application for an
injunction. The remedy of an injunction is in addition to any applicable
criminal prosecution and punishment.

Sec. 33. Chapter 49 of NRS is
hereby amended by adding thereto the provisions set forth as sections 34 to 37,
inclusive, of this act.

Sec. 34. As used in this chapter, unless the contest otherwise
requires:

Sec. 35. A client has a privilege to refuse to disclose, and to prevent
any other person from disclosing confidential communications among himself, his
social worker or any other person who is participating in the diagnosis or
treatment under the direction of the social worker.

Sec. 36. 1. The privilege may be claimed by the client,
his guardian or conservator or by the personal representative of a deceased
client.

2. The person who
is the social worker may claim the privilege, but only on behalf of the client.
His authority to do so is presumed in the absence of evidence to the contrary.

Sec. 37. There is no privilege under sections 35 and 36 of this act:

1. If the services
of the social worker are sought or obtained to enable or aid anyone to commit
or plan to commit what the client knows or reasonably should have known is a
crime or fraud.

2. If the social
worker is required to testify in an administrative or court-related
investigation or proceeding involving the welfare of his client or the minor
children of his client.

3. If the
communication is relevant to an issue of breach of duty by the social worker to
his client or by the client to his social worker.

4. If the
communication is with persons who are participating in the diagnosis and
treatment of the client of the social worker, including members of the
patients family.

5. If disclosure
is otherwise required by state or federal law.

Sec. 38. NRS 433.265 is
hereby amended to read as follows:

433.265 Any person employed by the
division as a psychiatrist, psychologist , [or] registered nurse or social worker must be licensed or certified by the
appropriate state licensing board for his respective profession.

Sec. 39. NRS 641.029 is
hereby amended to read as follows:

641.029 This chapter does not apply to:

1. A physician licensed to practice in
this state.

2. A person who is licensed to practice
dentistry in this state.

3. A person certified as a marriage and
family counselor under chapter 641A of NRS.

4. A person
licensed to engage in social work pursuant to chapter 641B of NRS.

5. A person
certified as a counselor by the bureau of alcohol and drug abuse of the
rehabilitation division of the department of human resources.

[5.]6. Any clergyman.

Sec. 40. Chapter 689A of NRS
is hereby amended by adding thereto a new section to read as follows:

If any policy of health
insurance provides coverage for treatment of an illness which is within the
authorized scope of the practice of a licensed associate in social work, social
worker, independent social worker or clinical social worker, the insured is
entitled to reimbursement for treatment by an associate in social work, social
worker, independent social worker or clinical social worker who is licensed
pursuant to chapter 641B of NRS.

Sec. 41. Chapter 689B of NRS
is hereby amended by adding thereto a new section to read as follows:

If any policy of group health
insurance provides coverage for treatment of an illness which is within the
authorized scope of the practice of a licensed associate in social work, social
worker, independent social worker or clinical social worker, the insured is
entitled to reimbursement for treatment by an associate in social work, social
worker, independent social worker or clinical social worker who is licensed
pursuant to chapter 641B of NRS.

Sec. 42. Chapter 695A of NRS
is hereby amended by adding thereto a new section to read as follows:

If any certificate of health
insurance provides coverage for treatment of an illness which is within the
authorized scope of the practice of a licensed associate in social work, social
worker, independent social worker or clinical social worker, the insured is
entitled to reimbursement for treatment by an associate in social work, social
worker, independent social worker or clinical social worker who is licensed
pursuant to chapter 641B of NRS.

Sec. 43. Chapter 695B of NRS
is hereby amended by adding thereto a new section to read as follows:

If any contract for hospital or
medical service provides coverage for treatment of an illness which is within
the authorized scope of the practice of a licensed associate in social work,
social worker, independent social worker or clinical social worker, the insured
is entitled to reimbursement for treatment by an associate in social work,
social worker, independent social worker or clinical social worker who is
licensed pursuant to chapter 641B of NRS.

Sec. 44. Chapter 695C of NRS
is hereby amended by adding thereto a new section to read as follows:

If any evidence of coverage
provides coverage for treatment of an illness which is within the authorized
scope of the practice of a licensed associate in social work, social worker,
independent social worker or clinical social worker, the insured is entitled to
reimbursement for treatment by an associate in social work, social worker, independent
social worker or clinical social worker who is licensed pursuant to chapter
641B of NRS.

433.209 Person
professionally qualified in the field of psychiatric mental health means:

1. A
psychiatrist licensed to practice medicine in the State of Nevada [;]and certified
by the American Board of Psychiatry and Neurology;

2. A
psychologist certified to practice in this state ; [or employed as such by the division;]

3. A social
worker who holds a masters degree in social work, [or
is a candidate for that degree]is
licensed by the state as a clinical social worker and is employed by the
division; or

4. A registered
nurse who [holds a masters degree in the field
of psychiatric nursing and is]:

(a) Is
licensed to practice professional nursing in this state;

(b) Holds
a masters degree in the field of psychiatric nursing; and

(c) Is
employed by the division

Sec. 47. The board shall
grant a license to engage in social work as a social worker to a person who, on
or before July 1, 1987, possesses a baccalaureate degree or masters degree in
social work from a college or university accredited by or a candidate for
accreditation by the Council on Social Work Education. The applicant must
present proof acceptable to the board of his qualifications within 6 months
after July 1, 1988.

Sec. 48. The board shall
grant a license to engage in social work as an independent social worker to a
person who, on or before July 1, 1987:

1. Possesses a masters or doctoral
degree in social work from a college or university accredited by or a candidate
for accreditation by the Council on Social Work Education.

2. Completed 3,000 hours of supervised,
postgraduate social work approved by the board.

The applicant must present proof acceptable to the board of
his qualifications within 6 months after July 1, 1988.

Sec. 49. The board shall
grant a license to engage in social work as a clinical social worker to a
person who:

1. Possesses a masters degree in social
work;

2. Completed 3,000 hours of supervised,
postgraduate, clinical social work, acceptable to the board; and

3. Was engaged in the practice of social
work on July 1, 1987.

The applicant must present proof acceptable to the board of
his qualifications within 6 months after July 1, 1988.

Sec. 50. 1. Notwithstanding
any other provision of this act, a public agency may employ a person as a
social worker before July 1, 1990, if that person has a baccalaureate degree in
a related field. The person so employed is eligible for a license to engage in
social work as an associate in social work.

2. A public agency which employs a person
as a social worker on July 1, 1987, may terminate that persons employment if
he is not licensed pursuant to the provisions of this act by January 1, 1989.

Sec. 51. 1. The
governor shall appoint:

(a) Four persons who are qualified pursuant to
subsection 2; and

(b) One person who is qualified pursuant to
subsection 3,

of section 5 of this act, to the board of social work
examiners and designate their initial terms.

2. The initial terms of the members
appointed by the governor pursuant to subsection 1 end as follows:

(a) For two members, including one person
qualified under subsection 2 of section 5 of this act and one person qualified
under subsection 3 of section 5 of this act, the initial term ends on June 30,
1990;

(b) The initial terms for two other members end
on June 30, 1989; and

(c) The initial term for the remaining member
ends on June 30, 1988.

Sec. 52. 1. Sections
5 and 51 of this act become effective on July 1, 1987, for the purpose of
appointing the board and for all other purposes relating to the board.

2. Section 46 of this act becomes
effective at 12:01 a.m. on July 1, 1987.

3. The remaining sections of this act
become effective on July 1, 1988.

________

CHAPTER 485, AB 836

Assembly Bill No. 836Committee
on Ways and Means

CHAPTER 485

AN ACT relating to the University of
Nevada; authorizing the construction and equipment of two buildings for the
desert research institute; authorizing the issuance of securities to pay for
part of the cost of the buildings; and providing other matters properly
relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 396.828 is
hereby amended to read as follows:

396.828 Pledged revenues means the [moneys]money
pledged wholly or in part for the payment of bonds or other securities issued
hereunder, and, subject to any existing pledges or other contractual
limitations, may include at the boards discretion, all loans, grants or
contributions to the university or board, if any, conditional or unconditional,
from the Federal Government, the state, any public body or other donor for the
payment of the principal of, the interest on, and any prior redemption premiums
due in connection with any securities issued hereunder, or any combination
thereof, and may [so] include
income or [moneys]money derived from one, all or any
combination of the following sources of revenue , [sources,] including without
limitation student fees and other fees, rates and charges appertaining thereto:

4. Store or other facilities for the sale
or lease of books, stationery, student supplies, faculty supplies, office
supplies and like material;

5. Stadium, arena, theater, fieldhouse
and other athletic or [recreation]recreational facilities for use in part by spectators
or otherwise;

6. Land and any structures, other
facilities, or other improvements thereon used or available for use for the
parking of vehicles used for the transportation by land or air of persons to or
from such land and any improvements thereon;

7. Properties for providing
heat or any other utility furnished by the university or the board to any
facilities on its campus; [and]

8. Investments and reinvestments of
unrestricted endowments [.]; and

9. Facilities of
the desert research institute, including without limitation money from:

(a) Grants to the desert
research institute by any person or the Federal Government;

(b) Contracts and leases
between the desert research institute and any person or governmental entity;

(c) The investment of any
money of the desert research institute; and

(d) Any other revenue
received by the desert research institute, or by the board on behalf of the
desert research institute pursuant to NRS 396.795 to 396.7956, inclusive.

Sec. 2. NRS 396.8395 is
hereby amended to read as follows:

396.8395 Subject to any existing pledges
or other contractual limitations and to the provisions of NRS 396.810:

1. The board may include, without
limitation, as pledged revenues for the payment of bonds or other securities
issued hereunder:

(a) The gross revenues derived from the fees
designated as the capital improvement fee, the student union building fee, the
student center building fee, and the student union capital improvement fee, or
words of similar import [(except], except for the words pertaining to any such fee
designating the campus or campuses of the University of Nevada System to which
the pledged fee or fees [pertain),]pertain, or any combination thereof; and

(b) The gross revenues derived from the fee
designated as the general fund fee[(except], except
for the words pertaining to thereto designating the campus or campuses of the
University of Nevada System to which the pledged fee [pertains),]pertains, but subject to the limitation stated in
subsection 5 of NRS 396.840.

2. The board may also include, without
limitation, as pledged revenues for the payment of bonds
or other securities issued hereunder, regardless of the location of the campus
or campuses on which the project or projects are to be done for which the
securities are authorized, the pledged revenues designated [above in this
section and] in subsection 1 pertaining to:

for the payment of bonds or other securities issued
hereunder, regardless of the location of the campus or campuses on which the
project or projects are to be done for which the securities are authorized, the
pledged revenues designated [above in this
section and]in subsection 1
pertaining to:

(a) One, all or [some
other]any combination of the
campuses relating to the community college division if the project or projects
relate thereto and to one or more campuses thereof; or

(b) Either or both the University of Nevada,
Reno, and the University of Nevada, Las Vegas, if the project or projects
relate to either [or both] of those
campuses [.], the desert research institute or any combination thereof.

Sec. 3. As used in sections
4 to 21, inclusive, of this act, unless the context otherwise requires, the
words and terms defined in sections 4 to 16, inclusive, of this act, have the
meanings ascribed to them in those sections.

Sec. 4. Acquisition
includes the opening, laying out, securing, establishment, installation,
construction or reconstruction, or the purchase, lease, gift, grant, endowment,
bequest, devise, transfer, assignment, option to purchase, other contract or
other acquisition, or any combination thereof, from the Federal Government,
this state or any person, or any combination thereof, of any property
pertaining to the project, or an interest therein.

Sec. 5. Board means the
board of regents of the University of Nevada.

Sec. 6. Cost of the
project means all or any part designated by the board of the cost of the
project, or interest therein, which cost at the option of the board may include
all or any part of the incidental costs pertaining to the project, including
without limitation:

1. Preliminary expenses advanced by the
university or the board from any money available therefor, or advanced by this
state, the Federal Government, or from any other source, with the approval of
the board, or any combination thereof;

2. The costs in the making of surveys,
audits, preliminary plans, other plans, specifications, estimates of costs and
other preliminaries;

3. The costs of premiums on builders
risk insurance and performance bonds, or a reasonably allocable share thereof;

4. The costs of appraising and printing,
and estimates, advice and services of engineers, architects, financial
consultants, attorneys at law, clerical help, or other agents or employees;

5. The costs of making, publishing,
posting, mailing and otherwise giving any notice in connection with the
project, the filing or recordation of instruments, the taking of options, the
issuance of bonds and other securities, and bank fees and expenses;

6. The costs of contingencies;

7. The costs of the capitalization with
proceeds of bonds or other securities issued pursuant to this act of any
operation and maintenance expenses pertaining to the project and of any
interest on bonds or other securities for any period not exceeding the period
estimated by the board to complete the project plus 1 year, of any discount on
bonds or other securities, and of any reserves for the
payment of the principal of and interest on the bonds or other securities, of
any replacement expenses, and of any other cost of issuance of the bonds or
other securities;

securities, and of any reserves for the payment of the
principal of and interest on the bonds or other securities, of any replacement
expenses, and of any other cost of issuance of the bonds or other securities;

8. The costs of amending any resolutions
or other instruments authorizing the issuance of securities pursuant to this
act;

9. The costs of funding any short-term
financing, construction loans and other temporary loans of not exceeding 5
years pertaining to the project and of the incidental expenses incurred in
connection with those loans; and

10. All other expenses necessary or
desirable and pertaining to the project, as estimated or otherwise ascertained
by the board.

Sec. 7. Equipment means
the furnishing of all related or appurtenant machinery, furnishings, apparatus,
paraphernalia and other gear, or any combination thereof, pertaining to the
project or any interest therein.

Sec. 8. Facilities means
buildings, structures or other income-producing facilities from the operation
of which or in connection with which pledged revenues for the payment of any
bonds or other securities issued pursuant to this act are derived, including
without limitation any facilities to be acquired with the proceeds of the bonds
or securities issued pursuant to this act.

Sec. 9. Improvement
includes the extension, widening, lengthening, betterment, alteration,
reconstruction or other major improvement, or any combination thereof, of any
property pertaining to the project, or an interest therein, but does not mean
renovation, reconditioning, patching, general maintenance or other minor
repair.

Sec. 11. Operation and
maintenance expenses means all reasonable and necessary current expenses of
the university or the board, or both, paid or accrued, of operating,
maintaining and repairing the facilities pertaining to the pledged revenue for
the payment of the bonds or other securities issued pursuant to this act. The
term may include at the boards option, except as limited by contract or law,
without limitation:

1. Legal and overhead expenses of the
various university departments directly related and reasonably allocable to the
administration of the facilities;

2. Fidelity bond and insurance premiums
pertaining to the facilities, or a reasonably allocable share of a premium of
any blanket bond or policy pertaining to the facilities;

3. The reasonable charges of any paying
agent, or commercial bank, trust bank, or other depository bank pertaining to
any securities issued by the university or by the board or pertaining to the
facilities;

4. Contractual services, professional
services, salaries, administrative expenses, and costs of labor pertaining to
the facilities;

5. The costs incurred by the board in the
collection of all or any part of the pledged revenue, including without
limitation revenue pertaining to the facilities;

(a) Derived from or otherwise pertaining to the
operation of one, all or any combination of the facilities set forth in NRS
396.828, as amended by section 1 of this act, situated on the campuses of the
University of Nevada, Reno, and the University of Nevada, Las Vegas, and the
facilities of the desert research institute, including those relating to the project,
after the deduction of the expenses of operation and maintenance of the
facilities pertaining to that source of revenue; or

(b) Derived from the imposition and collection
of the fees payable by the students attending the University of Nevada, Reno,
and the University of Nevada, Las Vegas, subject to the limitations of
subsection 5 of NRS 396.840,

which revenue the board, pursuant to any resolutions
authorizing the issuance of securities under this act, determines to pledge for
the payment of the securities.

2. The term includes any:

(a) Student fees authorized after the effective
date of this act with respect to the students attending the University of
Nevada, Reno, and the University of Nevada, Las Vegas;

(b) Grants, whether or not conditional, from the
Federal Government for the payment of any securities requirements; and

(c) Net revenue derived from the operation of
any facilities of the university or the board, or from any other available
source,

to which are extended a pledge and lien for the payment of
the securities issued pursuant to this act or otherwise issued after the
effective date of this act.

Sec. 14. Project means the
planning, design, acquisition, improvement and equipment of two buildings for
laboratories and offices for the desert research institute, as required or
desired by the university.

Sec. 17. 1. The
board may perform such acts, on behalf of and in the name of the university, as
are consistent with the provisions of this act and other applicable law, to
carry out the project.

2. To pay for the cost of the project the
board may:

(a) Issue bonds and other securities of the
university:

(1) In a total principal amount of not
more than $5,000,000;

(2) In one or more series at any time, or
from time to time, as determined by the board, within 5 years after the
effective date of this act; and

(3) Consisting of special obligations of
the university payable from any combination of net pledged revenue, secured by
a pledge thereof and a lien thereon, subject to existing contractual
limitations;

(b) Employ legal, fiscal and other expert
services with any available money, including without limitation the proceeds of
securities issued pursuant to this act; and

(c) Exercise the powers provided in NRS 396.809
to 396.885, inclusive, except as otherwise provided in this act.

3. This act does not prohibit the board
from funding, refunding or reissuing any securities of the university or the
board at any time pursuant to NRS 396.809 to 396.885, inclusive.

Sec. 18. Upon the request of
the board, the state public works board may delegate to the board any authority
concerning the project that is granted to the state public works board pursuant
to chapter 341 of NRS.

Sec. 19. The legislature
intends that the provisions of this act, being necessary to secure and preserve
the public health, safety, convenience and welfare, be liberally construed to
accomplish its purposes.

Sec. 20. If any provision of
this act, or the application of this act to any person, thing or circumstance
is held invalid, that invalidity does not affect any provision or application
of this act that can be given effect without the invalid provision or
application, and to this end the provisions of this act are declared to be
severable.

Sec. 21. The provisions of
this act are supplemental to and do not limit any other law of this state,
except that the provisions of this act prevail over the inconsistent provisions
of any other law of this state. No other law of this state concerning the
issuance of securities applies to the issuance of securities pursuant to this
act, except that the provisions of NRS 396.809 to 396.885, inclusive, that are
consistent with this act apply as if the securities were issued pursuant to those
sections.

Sec. 22. This act becomes
effective upon passage and approval.

________

κ1987
Statutes of Nevada, Page 1131κ

CHAPTER 486, SB 401

Senate Bill No. 401Committee
on Taxation

CHAPTER 486

AN ACT relating to taxes on retail sales;
providing for the submission to the voters of the question whether the Sales
and Use Tax Act of 1955 should be amended to provide an exemption for the gross
receipts from the sale of certain building materials, machinery and equipment
to a qualified business within a zone for economic development; contingently
creating the same exemption from certain analogous taxes; contingently
repealing the provisions allowing a similar exemption; and providing other
matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. At the general
election on November 8, 1988, a proposal must be submitted to the registered
voters of this state to amend the Sales and Use Tax Act, which was enacted by
the 47th session of the legislature of the State of Nevada and approved by the
governor in 1955, and subsequently approved by the people of this state at the
general election held on November 6, 1956.

Sec. 2. At the time and in
the manner provided by law, the secretary of state shall transmit the proposed
act to the several county clerks, and the county clerks shall cause it to be
published and posted as provided by law.

Sec. 3. The proclamation and
notice to the voters given by the county clerks pursuant to law must be in
substantially the following form:

Notice is hereby given that
at the general election on November 8, 1988, a question will appear on the
ballot for the adoption or rejection by the registered voters of the state of
the following proposed act:

AN ACT to amend
an act entitled An Act to provide revenue for the State of Nevada; providing
for sales and use taxes; providing for the manner of collection; defining
certain terms; providing penalties for violation, and other matters properly
relating thereto, approved March 29, 1955, as amended.

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

Section 1. The
above entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is
hereby amended by adding thereto a new section to be designated as section
60.5, immediately following section 60.1 to read as follows:

Sec. 60.5. There
are exempted from the taxes imposed by this act the gross receipts from the
sale of building materials used in new construction, remodeling and
rehabilitation, and new and used machinery and equipment to a person who holds
a valid certificate, issued pursuant to NRS 274.270, as a qualified business
within a specially benefited zone and who purchases those items for use in the
conduct of his business within the zone.

Sec. 4. The ballot page
assemblies and the paper ballots to be used in voting on the question must
present the question in substantially the following form:

Shall the Sales and Use Tax
Act of 1955 be amended to provide an exemption from the taxes imposed by this
act on the gross receipts from the sale of building materials used in new
construction, remodeling and rehabilitation, and new and used machinery and
equipment to a qualified business within a specially benefited zone which purchases
those items for use in its business within the zone?

Sec. 5. The explanation of
the question which must appear on each paper ballot and sample ballot and in
every publication and posting of notice of the question must be in
substantially the following form:

(Explanation
of Question)

The proposed amendment to
the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this
act the sale of building materials used in new construction, remodeling and
rehabilitation, and new and used equipment and machinery to a qualified
business within a specially benefited zone which purchases those items for use
in its business within the zone. If this proposal is adopted, the legislature
has provided that the Local School Support Tax Law and the City-County Relief
Tax Law will be amended to provide the same exemption.

Sec. 6. If a majority of the
votes cast on the question is yes, the amendment to the Sales and Use Tax Act
of 1955 becomes effective on January 1, 1989. If a majority of votes cast on the
question is no, the question fails and the amendment to the Sales and Use Tax
Act of 1955 does not become effective.

Sec. 7. All general election
laws not inconsistent with this act are applicable.

Sec. 8. Any informalities,
omissions or defects in the content or making of the publications,
proclamations or notices provided for in this act and by the general election
laws under which this election is held must be so construed as not to
invalidate the adoption of the act by a majority of the registered voters
voting on the question if it can be ascertained with reasonable certainty from
the official returns transmitted to the office of the secretary of state
whether the proposed amendment was adopted or rejected by a majority of those
registered voters.

Sec. 9. Chapter 374 of NRS is
hereby amended by adding thereto a new section to read as follows:

There are exempted from the
taxes imposed by this chapter the gross receipts from the sale of building
materials used in new construction, remodeling and rehabilitation, and new and
used equipment and machinery to a person who holds a valid certificate, issued
pursuant to NRS 274.270, as a qualified business within a specially benefited
zone and who purchases those items for use in the conduct of his business
within the zone.

274.230 When a specially benefited zone
is designated and approved under this chapter, the governing body of the
designating municipality may:

1. Apply with the United States
Department of Commerce to have the specially benefited zone declared to be a
free trade zone.

2. When any federal legislation
concerning specially benefited zones is enacted or becomes effective, prepare
and submit, with the assistance of the administrator and in a timely fashion,
all information and forms necessary to permit the specially benefited zone
designated and approved under this chapter to be considered as an eligible area
under the federal program.

3. Apply for all available assistance
from the federal, state, and in the case of a city, the county government,
including the suspension or modification of their regulations within the
specially benefited zone that have the characteristics described in subsection
1 of NRS 274.110.

4. Develop and carry out a program to
improve police protection within the zone.

5. Give priority to the use in the zone
of any federal assistance for urban development or job training.

6. By ordinance adopt regulations for
qualifying employers for the benefits authorized specifically for qualified
businesses under this chapter . [and NRS 374.643.]

Sec. 11. NRS 274.270 is hereby
amended to read as follows:

274.270 1. The governing
body shall investigate the proposal made by a business pursuant to NRS 274.260,
and if it finds that the business is qualified by financial responsibility and
business experience to create and preserve employment opportunities in the
specially benefited zone and improve the economic climate of the municipality
and finds further that the business did not relocate from a depressed area in
this state or reduce employment elsewhere in Nevada in order to expand in the
specially benefited zone, the governing body may, on behalf of the
municipality, enter into an agreement with the business, for a period of not
more than 20 years, under which the business agrees in return for one or more
of the benefits authorized in this chapter [and
NRS 374.643] for qualified businesses, as specified in the
agreement, to establish, expand, renovate or occupy a place of business within
the specially benefited zone and hire new employees at least 35 percent of whom
at the time they are employed are at least one of the following:

(a) Unemployed persons who have resided at least
6 months in the municipality.

(b) Persons eligible for employment or job
training under any federal program for employment and training who have resided
at least 6 months in the municipality.

(c) Recipients of benefits under any state or
county program of public assistance, including aid to dependent children, aid
to the medically indigent and unemployment compensation who have resided at
least 6 months in the municipality.

(d) Persons with a physical or mental handicap
who have resided at least 6 months in the state.

(e) Residents for at least 1 year of the area
comprising the specially benefited zone.

2. To determine whether a business is in compliance
with an agreement, the governing body:

(a) Shall each year require the business to file
proof satisfactory to the governing body of its compliance with the agreement.

(b) May conduct any necessary investigation into
the affairs of the business and may inspect at any reasonable hour its place of
business within the specially benefited zone.

If the governing body determines that the business is in
compliance with the agreement, it shall issue a certificate to that effect to
the business. The certificate expires 1 year after the date of its issuance.

3. The governing body shall file with the
administrator, the department of taxation and the employment security
department a copy of each agreement, the information submitted under paragraph
(a) of subsection 2 and the current certificate issued to the business under
that subsection. The governing body shall immediately notify the administrator,
the department of taxation and the employment security department whenever the
business is no longer certified.

Sec. 12. NRS 374.643 is
hereby repealed.

Sec. 13. Sections 9 to 12,
inclusive, of this act become effective on January 1, 1989, only if the
question provided for in section 3 of this act is approved by the voters at the
general election on November 8, 1988.

________

CHAPTER 487, AB 808

Assembly Bill No. 808Committee
on Judiciary

CHAPTER 487

AN ACT relating to courts; authorizing a
justice of the peace or a municipal judge to suspend the sentence of certain
offenders and to impose conditions of suspension; and providing other matters
properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 4 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. Unless the
suspension of a sentence is expressly forbidden, a justice of the peace may
suspend, for not more than 1 year, the sentence of a person convicted of a
misdemeanor. The justice of the peace may order, as a condition of suspension,
that the offender:

(a) Make restitution to
the owner of any property that is lost, damaged or destroyed as a result of the
commission of the offense;

(b) Engage in a program
of work for the benefit of the community, for not more than 96 hours;

(c) Actively participate
in a program of professional counseling at the expense of the offender;

(d) Abstain from the use
of alcohol and controlled substances;

(e) Refrain from engaging
in any criminal activity; and

(f) Engage or refrain
from engaging in any other conduct deemed appropriate by the justice of the
peace.

2. The justice of
the peace may order reports, from such persons and at such times as he deems
appropriate, concerning the offenders compliance with the conditions of
suspension. If the offender complies with the conditions of suspension to the
satisfaction of the justice of the peace, the sentence may be reduced to not
less than the minimum period of confinement established for the offense.

Sec. 2. Chapter 5 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. Unless the
suspension of a sentence is expressly forbidden, a municipal judge may suspend,
for not more than 1 year, the sentence of a person convicted of a misdemeanor.
The municipal judge may order, as a condition of suspension, that the offender:

(a) Make restitution to
the owner of any property that is lost, damaged or destroyed as a result of the
commission of the offense;

(b) Engage in a program
of work for the benefit of the community, for not more than 96 hours;

(c) Actively participate
in a program of professional counseling at the expense of the offender;

(d) Abstain from the use
of alcohol and controlled substances;

(e) Refrain from engaging
in any criminal activity; and

(f) Engage or refrain
from engaging in any other conduct deemed appropriate by the municipal judge.

2. The municipal
judge may order reports, from such persons and at such times as he deems
appropriate, concerning the offenders compliance with the conditions of
suspension. If the offender complies with the conditions of suspension to the
satisfaction of the municipal judge, the sentence may be reduced to not less
than the minimum period of confinement established for the offense.

Sec. 3. NRS 269.165 is
hereby amended to read as follows:

269.165 1. Any justice of
the peace within the town or city [shall have]has jurisdiction of all violations of ordinances
applicable thereto under the provisions of this chapter, and may render final
judgment, hold to bail, fine or commit to the county jail any offender, in
accordance with the provisions thereof [.], or may suspend the sentence of any offender pursuant
to section 1 of this act.

2. All commitments of imprisonment [shall]must
be directed to the sheriff of the county, and all fees or
fines collected [shall] must be paid to the county treasurer of the proper
county, to be by him distributed to the proper fund of the town or city.

sheriff of the county, and all fees or fines collected [shall]must
be paid to the county treasurer of the proper county, to be by him distributed
to the proper fund of the town or city.

Sec. 4. NRS 484.3792 is
hereby amended to read as follows:

484.3792 1. Any person who
violates the provisions of NRS 484.379:

(a) For the first offense within 7 years, is
guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided
in NRS 484.3794, the court shall:

(1) Except as otherwise provided in
subsection 6, order him to pay tuition for an educational course on the abuse
of alcohol and controlled substances approved by the department and complete
the course within the time specified in the order, and the court shall notify
the department if he fails to complete the course within the specified time;

(2) Unless the sentence is reduced
pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days
nor more than 6 months in jail, or to perform 48 hours of work for the
community while dressed in distinctive garb which identifies him as having
violated the provisions of NRS 484.379; and

(3) Fine him not less than $200 nor more
than $1,000.

The teacher of the educational course shall evaluate the
offender and, if he finds the offender is an abuser of alcohol or controlled
substances, he shall promptly report his findings to the court for its use.

(b) For a second offense within 7 years, is guilty
of a misdemeanor. Except as provided in NRS 484.3794, the court shall sentence
him to imprisonment for not less than 10 days nor more than 6 months in jail
and fine him not less than $500 nor more than $1,000.

(c) For a third or subsequent offense within 7
years, shall be punished by imprisonment in the state prison for not less than
1 year nor more than 6 years and must be further punished by a fine of not less
than $2,000 nor more than $5,000. An offender so imprisoned must be segregated
insofar as practicable from offenders whose crimes were violent, and must be
assigned to an institution of minimum security or, if space is available, to an
honor camp, restitution center or similar facility.

2. Any offense which occurred within 7
years immediately preceding the date of the principal offense or after the
principal offense constitutes a prior offense for the purposes of this section
when evidenced by a conviction, without regard to the sequence of the offenses
and convictions. The facts concerning a prior offense must be alleged in the
complaint, indictment or information, must not be read to the jury or proved at
trial but must be proved at the time of sentencing and, if the principal
offense is alleged to be a felony, must also be shown at the preliminary
examination or presented to the grand jury.

3. No person convicted of violating the
provisions of NRS 484.379 may be released on probation, and no sentence imposed
for violating those provisions may be suspended [.]except, as provided in sections 1 and 2 of this act, a
portion of the sentence imposed that exceeds the mandatory minimum.

minimum. No prosecuting attorney
may dismiss a charge of violating the provisions of NRS 484.379 in exchange for
a plea of guilty or nolo contendere to a lesser charge or for any other reason
unless he knows or it is obvious that the charge is not supported by probable
cause or cannot be proved at the time of trial.

4. Any term of confinement imposed under
the provisions of this section may be served intermittently at the discretion
of the judge or justice of the peace, except that a person who is convicted of
a second or subsequent offense within 7 years must be confined for at least one
segment of not less than 48 consecutive hours. This discretion must be
exercised after considering all the circumstances surrounding the offense, and
the family and employment of the offender, but any sentence of 30 days or less
must be served within 6 months after the date of conviction or within 6 months
after the date of sentencing if the offender underwent treatment pursuant to
NRS 484.3794. Any time for which the offender is confined must consist of not
less than 24 consecutive hours.

5. Jail sentences simultaneously imposed
under this section and NRS 483.560 or 485.330 must run consecutively.

6. If the person who violated the
provisions of NRS 484.379 possesses a drivers license issued by a state other
than Nevada and does not reside in Nevada, in carrying out the provisions of
subparagraph (1) of paragraph (a) of subsection 1, the court shall:

(a) Order the person to pay tuition for and
submit evidence of completion of an educational course on the abuse of alcohol
and controlled substances approved by a governmental agency of the state of his
residence within the time specified in the order; or

(b) Order him to complete an educational course
by correspondence on the abuse of alcohol and controlled substances approved by
the department within the time specified in the order,

and the court shall notify the department if the person
fails to complete the assigned course within the specified time.

7. As used in this section, unless the
context otherwise requires, offense means a violation of NRS 484.379 or
484.3795 or homicide resulting from the driving of a vehicle while under the
influence of intoxicating liquor or a controlled substance, or the violation of
a law of any other jurisdiction which prohibits the same conduct.

Sec. 5. Section 4 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

κ1987
Statutes of Nevada, Page 1138κ

CHAPTER 488, AB 454

Assembly Bill No. 454Committee
on Commerce

CHAPTER 488

AN ACT relating to the state contractors
board; making various changes relating to the powers and duties of the board;
and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 624 of NRS
is hereby amended by adding thereto a new section to read as follows:

No license may be issued by the
board under a name which is the same as the name of another licensee or so
resembles the name of another licensee that the board determines that it is
likely to result in confusion or mistake.

Sec. 2. NRS 624.110 is
hereby amended to read as follows:

624.110 1. The board may
maintain offices in as many localities in the state as it finds necessary to
carry out the provisions of this chapter, but it shall maintain one office in
which there [shall]must be at all times open to public inspection a
complete record of applications, licenses issued, licenses renewed and all
revocations, cancellations and suspensions of licenses.

624.212 1. The executive officer, on behalf of the board , may issue an order to cease and desist to any person:

(a) Acting as a contractor; or

(b) Submitting a bid on a job situated in this
state,

without a license as a contractor issued pursuant to this
chapter. The order must be served personally or by certified mail and is
effective upon receipt.

2. [When]If it appears that any person has engaged in acts
or practices which constitute a violation of this chapter or the violation of
an order issued pursuant to subsection 1, the board may request the district
attorney of the county in which the alleged violation occurred, or the district
attorney of any other county in which that person maintains a place of business
or resides, to apply on behalf of the board to the district court for an
injunction restraining him from acting in violation of this chapter . [, and upon]Upon a proper showing, a temporary restraining
order, a preliminary injunction or a permanent injunction may be granted. The
board as plaintiff in the action is not required to prove any irreparable
injury.

3. If the court finds that the person
willfully violated an order issued pursuant to subsection 1, it shall impose a
fine of not less than $250 nor more than $1,000 for each violation of the
order.

Sec. 4. NRS 624.256 is
hereby amended to read as follows:

624.256 Before granting an original or
renewal of a contractors license to any applicant [,]
who has one or more employees, the board shall require that the applicant
submit to the board:

to any applicant [,]who has one or more employees, the board shall
require that the applicant submit to the board:

1. Proof of industrial insurance and
insurance for occupational diseases which covers his employees; or

2. A copy of his certificate of
qualification as a self-insured employer which was issued by the commissioner
of insurance.

Sec. 5. NRS 624.270 is
hereby amended to read as follows:

624.270 1. Before [granting an original]issuing a contractors license to any applicant, the
board shall require that the applicant:

(a) File with the board a surety bond in a form
acceptable to the board executed by the contractor as principal with a
corporation authorized to transact surety business in the State of Nevada as
surety; or

(b) In lieu of such a bond, establish with the
board a cash deposit as provided in this section.

2. Before granting renewal of a
contractors license to any applicant, the board shall require that the
applicant file with the board satisfactory evidence that his surety bond or
cash deposit is in full force, unless the applicant has been relieved of the
requirement as provided in this section.

3. Failure of an applicant or licensee to
file or maintain in full force the required bond or to establish the required
cash deposit constitutes cause for the board to deny, revoke , suspend or refuse to renew a license.

4. The amount of each bond or cash
deposit required by this section must be fixed by the board with reference to
the contractors financial and professional responsibility and the magnitude of
his operations, but must be not less than $1,000 or more than $50,000. The bond
must be continuous in form and must be conditioned that the total aggregate
liability of the surety for all claims is limited to the face amount of the
bond irrespective of the number of years the bond is in force. The board may
increase or reduce the amount of any bond or cash deposit if evidence
supporting such a change in the amount is presented to the board at the time
application is made for renewal of a license or at any hearing conducted
pursuant to NRS 624.310. Unless released earlier pursuant to subsection 5, any
cash deposit may be withdrawn 2 years after termination of the license in
connection with which it was established, or 2 years after completion of all
work authorized by the board [subsequent to]after termination of the license, whichever
occurs later, if there is no outstanding claim against it.

5. After a licensee has acted in the
capacity of a licensed contractor in the State of Nevada for not less than 5
consecutive years, the board may relieve the licensee of the requirement of
filing a bond or establishing a cash deposit if evidence supporting such relief
is presented to the board, but the board may at any time thereafter require the
licensee to file a new bond or establish a new cash deposit as provided in
subsection 4 if evidence is presented to the board supporting this requirement.
If a licensee is relieved of the requirement of establishing a cash deposit,
the deposit may be withdrawn 2 years after such relief is granted, if there is
no outstanding claim against it.

624.275 1. The surety may
cancel the bond upon giving 60 days notice to the board by certified mail.
Upon receipt by the board of [a notice from a
surety of cancellation of a contractors bond,]the notice, the board shall immediately
[shall] notify the contractor who
is the principal on the bond of the effective date of cancellation of the bond,
and that his license will be suspended or revoked
unless he furnishes an equivalent bond or establishes an equivalent cash
deposit before the effective date of the cancellation.
Notice to the contractor [shall]must be by certified mail addressed to his latest
address of record in the office of the board.

2. If the contractor does not comply with
the requirements of the notice from the board, his license [shall]must
be suspended or revoked on the date the bond is
canceled.

Sec. 7. NRS 624.280 is
hereby amended to read as follows:

624.280 The board may adopt regulations
fixing the fee for an application [,]and
examination and the annual fee for a license [fees]
to be paid by applicants and licensees, but the fee for
an application and examination [fee]
must not exceed [$200]$300 and the annual fee for a license
[fee] must not exceed $200 per
year.

Sec. 8. NRS 624.283 is
hereby amended to read as follows:

624.283 1. Each
license issued under the provisions of this chapter expires [on January 31 of the year next following]1 year after the date on which it is issued [. A license may be renewed by filing a renewal
application accompanied by the annual renewal fee as fixed by the board. The
board may prescribe regulations concerning license renewal.], except that the board may by regulation prescribe shorter or
longer periods and prorated fees to establish a system of staggered renewals.
Any license which is not renewed on or before the date for renewal is
automatically suspended.

2. A license may
be renewed by filing with the board an application for renewal and payment of
the fee for renewal fixed by the board.

3. If a license is
automatically suspended pursuant to subsection 1, the licensee may have his
license reinstated upon filing an application for renewal within 6 months after
the date of suspension and paying, in addition to the fee for renewal, a fee
for reinstatement fixed by the board. A license which is not reinstated within
6 months after it is automatically suspended may be canceled by the board and a
new license may be issued only upon application for an original contractors
license.

Sec. 9. Section 3 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

κ1987
Statutes of Nevada, Page 1141κ

CHAPTER 489, AB 183

Assembly Bill No. 183Committee
on Elections

CHAPTER 489

AN ACT relating to elections; requiring
the disclosure of certain expenditures on behalf of or against ballot
questions; requiring certain contributions to be listed in disclosures of
expenses made by certain persons and groups of persons; expanding the material
which the secretary of state must make available for public inspection; making
an appropriation; and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 294A.041 is
hereby amended to read as follows:

294A.041 1. Every person who
advocates the election of a candidate other than himself or the defeat of a
candidate other than his opponent or advocates the election or defeat of a
candidate other than his opponent or advocates the election or defeat of a
group of candidates not including himself or his opponent for national,
congressional, state, district, county, municipal or township office or the passage or defeat of a question or group of questions
on the ballot at any election including any recall or special election,
and every group of persons, whether formally or informally organized, which
advocates the election or defeat of a candidate or the
passage or defeat of a question or group of questions on the ballot shall,
not later than:

(a) Fifteen days before a primary election or
primary city election, for the period from the last election for that office to
20 days before that election;

(b) Fifteen days before a general election or
general city election, whether or not the candidate won the primary election or
primary city election, for the period from 20 days before that election to 20
days before the general election or general city election; and

(c) Thirty days after a general election or
general city election, for the remaining period until the general election or
general city election,

report expenditures made on behalf of or against a candidate
, [or]
group of candidates , question or group of questions on
the ballot in excess of $500 on forms designed and provided by the
secretary of state and signed by the person or a
representative of the group under penalty of perjury. The report must
also include identification of expenditures which the person or group made cumulatively in excess of $500 since the
beginning of the first reporting period. The report must [not] include a
specific listing of any contributions which are required to be reported
by a candidate pursuant to NRS 294A.010.

2. Expenditures made within the state or
made elsewhere but for use within the state, including expenditures made
outside the state for printing, television and radio broadcasting or other
production of the media, must be included in the report. Expenditures made to
communicate with the groups own members on behalf of or against a candidate , [or]
group of candidates , question or group of questions must
not be included in the report.

3. If the candidate is elected from one
county [,]or
the question is submitted to the voters of only one county, the reports
must be filed with the county clerk of that county. Otherwise, the reports must
be filed with the secretary of state. If an expenditure is made on behalf of a
group of candidates [,]or questions, the reports must be made to the officer
appropriate for each candidate or question but
need not be itemized by candidate [.]or question. A person may make his report to the
appropriate officer by certified mail. If certified mail is used, the date of
mailing shall be deemed the date of filing.

4. Each county clerk who receives a
report pursuant to subsection 3 shall file a copy of the report with the
secretary of state.

5. Except as otherwise provided in this
section, any person who willfully violates any of the provisions of this
section is guilty of a gross misdemeanor.

Sec. 2. NRS 294A.050 is
hereby amended to read as follows:

294A.050 1. A newspaper,
radio broadcasting station, outdoor advertising company, television
broadcasting station, direct mail advertising company, printer or other person
or group of persons which accepts, broadcasts, disseminates, prints or
publishes [advertising]:

(a) Advertising on
behalf of any candidate or group of candidates [or
political];

(b) Political
advertising for any person other than a candidate ; or

(c) Advertising for the
passage or defeat of a question or group of questions on the ballot,

shall make available for inspection, at any reasonable time
beginning at least 10 days before each primary or general election and ending
at least 30 days after the election, information setting forth the cost of all such advertisements accepted and broadcast,
disseminated or published . [for each candidate, group of candidates or person
other than a candidate.]

2. For purposes of this section the
necessary cost information is made available if a copy of each bill, receipt or
other evidence of payment made out for any such advertising is kept in a record
or file, separate from the other business records of the enterprise and
arranged alphabetically by name of the candidate or [other
person,]the person or group which
requested the advertisement, at the principal place of business of the
enterprise.

Sec. 3. NRS 294A.070 is
hereby amended to read as follows:

294A.070 The secretary of state shall,
within 10 days after receipt of the reports required by NRS 294A.010, 294A.020
and 294A.041, prepare and make available for public inspection a compilation
of:

1. The total campaign contributions, the
contributions which are in excess of $500 and the total campaign expenses of
each of the candidates for legislative and judicial offices from whom reports
of those contributions and expenses are required; and

(b) Person or group of
persons on behalf of or against a question or group of questions on the ballot.

(c) Group of persons
advocating the election or defeat of a candidate.

Sec. 4. 1. There
is hereby appropriated from the state general fund to the secretary of state to
enable him to carry out his duties under the provisions of this act:

For the fiscal year 1987-1988................................................ $4,276.00

For the fiscal year 1988-1989................................................ 2,400.00

2. Any balance of the sums appropriated
by subsection 1 remaining at the end of the respective fiscal years must not be
committed for expenditure after June 30 and reverts to the state general fund
as soon as all payments of money committed have been made.

Sec. 5. Section 1 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

CHAPTER 490, SB 303

Senate Bill No. 303Senator
Jacobsen

CHAPTER 490

AN ACT relating to motor vehicles;
authorizing the disposal of certain seized motor vehicles; clarifying the
definition of an owner of a motor vehicle; increasing the amount in the motor
vehicle revolving account; increasing the bond required from certain
manufacturers, distributors, dealers and rebuilders; removing certain
restrictions on the issuance of special license plates; authorizing the
collection of certain delinquent fees; revising the penalty for the delinquent
payment of the privilege tax; making an appropriation; and providing other
matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Any vehicle
seized pursuant to NRS 482.540 may be removed by the department to:

(a) A place designated
for the storage of seized property.

(b) An appropriate place
for disposal if that disposal is specifically authorized by statute.

2. If disposal of
the vehicle is not specifically authorized by statute, the vehicle is subject
to forfeiture if it appears to the court having jurisdiction over the
proceedings that the rightful owner of the vehicle cannot after due diligence
be found.

3. If a court
declares that a vehicle seized pursuant to NRS 482.540 is forfeited, the
department may:

4. If at any time
after a vehicle is seized pursuant to NRS 482.540 the rightful owner of the
vehicle demands its return, the department shall:

(a) Return the vehicle to
him; or

(b) If the vehicle was
declared forfeited by a court and subsequently sold or removed for disposal,
pay to him the fair market value of the vehicle at the time of forfeiture.

Sec. 2. NRS 482.085 is
hereby amended to read as follows:

482.085 Owner means a person who holds
the legal title of a vehicle [, or in the event]and whose name appears on the certificate of ownership,
and any lienholder whose name appears on the certificate of ownership. If
a vehicle is the subject of an agreement for the conditional sale or lease
thereof with or without the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of possession
vested in the conditional vendee or lessee, or [in
the event]if a mortgagor of a
vehicle is entitled to possession, then [such]the conditional vendee or lessee or mortgagor
shall be deemed the owner for the purpose of this chapter.

Sec. 3. NRS 482.183 is
hereby amended to read as follows:

482.183 The motor vehicle revolving
account in the amount of [$15,000]$20,000 is hereby created and must be used for change
in the main and branch offices.

Sec. 4. NRS 482.345 is
hereby amended to read as follows:

482.345 1. Except as otherwise provided in subsection 6, before any dealers
license, dealers plate, special dealers plate, rebuilders license or
rebuilders plate, distributors license or distributors plate or
manufacturers license or manufacturers plate is furnished to a manufacturer,
distributor, dealer or rebuilder as provided in this chapter, the department
shall require that the applicant make an application for such a license and
plate upon a form to be furnished by the department, and the applicant shall
furnish such information as the department [may
require,]requires, including proof
that the applicant has an established place of business in this state, and
also, except as otherwise provided in subsection
2, procure and file with the department a good and sufficient bond in the
amount of $50,000 with a corporate surety thereon, duly licensed to do business
within the State of Nevada, approved as to form by the attorney general, and
conditioned that the applicant shall conduct his business as a dealer,
distributor, manufacturer or rebuilder without fraud or fraudulent
representation, and without violation of the provisions of this chapter. The
department may, by agreement with any dealer, distributor, manufacturer or rebuilder
who has been in business for 5 years or more, allow a reduction in the amount
of the bond of the dealer, if his business has been conducted satisfactorily
for the preceding 5 years, but no bond may be in an amount less than $5,000.

2. A manufacturer, distributor, rebuilder
or dealer who manufactures, distributes or sells only
motorcycles, horse trailers, tent trailers, utility trailers or trailers
designed to carry boats shall file a bond as required by subsection 1 in the
amount of [$1,000] $5,000 regardless of the length of time he has been in
business.

distributes or sells only motorcycles, horse trailers, tent
trailers, utility trailers or trailers designed to carry boats shall file a
bond as required by subsection 1 in the amount of [$1,000]$5,000 regardless of the length of time he has
been in business.

3. The bond must be continuous in form
and the total aggregate liability on the bond must be limited to the payment of
the total amount of the bond, but in no case may the amount of any judgment in
an action on such a bond exceed the retail value of any vehicle in connection
with which the action was brought.

4. The undertaking on the bond includes
any fraud or fraudulent representation or violation of any of the provisions of
this chapter by the representative of any licensed distributor or the salesman
of any licensed dealer, manufacturer or rebuilder who acts for the dealer,
distributor, manufacturer or rebuilder on his behalf and within the scope of
the employment of the representative or the salesman.

5. The bond must provide that any person
injured by the action of the dealer, distributor, rebuilder, manufacturer,
representative or salesman in violation of any provisions of this chapter may
bring an action on the bond.

6. The provisions of this section do not
apply to a manufacturer without an established place of business in this state.

Sec. 5. NRS 482.3667 is
hereby amended to read as follows:

482.3667 1. The department
shall establish, design and otherwise prepare for issue personalized prestige
license plates and shall establish all necessary procedures not inconsistent
with this section for the application and issuance of such license plates.

2. The department shall issue
personalized prestige license plates, upon payment of the prescribed fee, to
any person who otherwise complies with the laws relating to the registration
and licensing of motor vehicles or trailers for use on private passenger cars,
motorcycles, trucks [having an unladen weight of
6,000 pounds or less,] or trailers.

3. Personalized prestige license plates
are valid for 12 months and are renewable upon expiration. These plates may be
transferred from one vehicle or trailer to another if the transfer and
registration fees are paid as set out in this chapter. Any person transferring
plates must be allowed a 1/12 reduction in fees for each calendar month
remaining unused from the previous registration, applicable to the fees which
are for the registration year for which the plates are being transferred.

4. In case of any conflict, the person
who first made application for personalized prestige license plates and has
continuously renewed them by payment of the required fee has priority.

5. The department may limit by regulation
the number of letters and numbers used and prohibit the use of inappropriate
letters or combinations of letters and numbers.

6. The department shall not assign to any
person not holding the relevant office any letters and numbers denoting that
the holder holds a public office.

482.3672 1. An owner of a
motor vehicle who is a resident of this state and who is regularly employed or
engaged as an editor, reporter or photographer by a newspaper or television or
radio station may, upon signed application on a form prescribed and provided by
the department, accompanied by:

(a) The fee charged for personalized prestige
license plates in NRS 482.367 in addition to all other required registration
fees and taxes; and

(b) A letter from the news director, editor or
publisher of the periodical or station by whom he is employed,

be issued license plates upon which is inscribed PRESS with
three consecutive numbers.

2. Each person who is eligible for
special license plates under this section may apply for one set of plates. The
plates may be used only on a private passenger vehicle or a noncommercial truck
. [having an
unladen weight of 6,000 pounds or less.]

3. When a person to whom special license
plates have been issued pursuant to this section leaves the service of the
newspaper or station which has provided the letter required by subsection 1, he
shall surrender any special plates in his possession to the department and is
entitled to receive regular Nevada license plates. Surrendered plates may be
reissued or disposed of in a manner authorized by the regulations of the
department.

4. The department may adopt regulations
governing the issuance of special license plates to members of the press.

Sec. 7. NRS 482.3675 is
hereby amended to read as follows:

482.3675 1. An owner of a
motor vehicle who is a United States citizen or a citizen of a foreign country
residing in this state and who holds from a foreign country a letter of
appointment as an honorary consul may, upon signed application on a form
prescribed and provided by the department, accompanied by:

(a) The fee charged for personalized prestige
license plates in NRS 482.367 in addition to all other required registration
fees and taxes; and

(b) A copy of the letter of appointment from
that country,

be issued a set of license plates upon which is inscribed
CONSULAR CORPS with three consecutive numbers.

2. Each person who is eligible for
special license plates under this section may apply for one set of plates. The
plates may be used only on a private passenger vehicle or a noncommercial truck
. [having an
unladen weight of 6,000 pounds or less.]

3. When a person to whom special license
plates have been issued pursuant to this section loses his status as an
honorary consul, he shall surrender any special plates in his possession to the
department and is entitled to receive regular Nevada license plates.
Surrendered plates may be reissued or disposed of in a manner authorized by the
regulations of the department.

4. The department may adopt regulations
governing the issuance of special license plates to
honorary consuls of foreign countries.

special license plates to honorary consuls of foreign
countries. The department shall include on the form for application a notice to
the applicant that the issuance of such license plates does not confer any
diplomatic immunity.

Sec. 8. NRS 482.375 is
hereby amended to read as follows:

482.375 1. An owner of a
motor vehicle who is a resident of the State of Nevada and who holds an
unrevoked and unexpired official amateur radio station license issued by the
Federal Communications Commission, upon application accompanied by proof of
ownership of that license, complying with the state motor vehicle laws relating
to registration and licensing of motor vehicles, and upon the payment of the
regular license fee for plates as prescribed by law, and the payment of an
additional fee of $3, must be issued a license plate or plates, upon which in
lieu of the numbers as prescribed by law must be inscribed the official amateur
radio call letters of the applicant as assigned by the Federal Communications
Commission. The plate or plates may be used only on a private passenger car,
trailer or travel trailer or on a noncommercial truck . [having an unladen weight of 6,000 pounds or less.]

2. The applicant may also purchase and
display on his plate or plates, in the space provided for it, a decal with the
designation RADIO AMATEUR.

3. The department may adopt regulations
to ensure compliance with all state license laws relating to the use and
operation of a motor vehicle before issuance of the plates in lieu of the
regular Nevada license plate or plates, and all applications for the plates
must be made to the department.

Sec. 9. NRS 482.376 is
hereby amended to read as follows:

482.376 1. An owner of a
motor vehicle who is a resident of this state and is an enlisted or
commissioned member of the Nevada National Guard may, upon application on a
form prescribed and furnished by the department, signed by the member and his
commanding officer and accompanied by proof of enlistment, be issued license
plates upon which is inscribed NATL GUARD with four consecutive numbers. The
applicant shall comply with the laws of this state concerning motor vehicles,
including the payment of the regular registration fees, as prescribed by this
chapter. There is no additional fee for these special plates.

2. Each member may request two sets of
license plates as described in subsection 1. The second set of license plates
for an additional vehicle must have a different number than the first set of
license plates issued to the same member. The license plates may only be used
on private passenger vehicles or noncommercial trucks . [having an unladen weight of 6,000 pounds or less.]

3. Any member of the Nevada National
Guard other than the adjutant general, who retires or is honorably discharged
may retain any license plates issued to him pursuant to subsection 1. The
adjutant general shall surrender any license plates issued to him as adjutant
general to the department when he leaves office, and may then be issued special
license plates as described in subsection 1.

in subsection 1. If a member is dishonorably discharged, he
shall surrender any of these special plates in his possession to the department
at least 10 days before his discharge and, in lieu of those plates, is entitled
to receive regular Nevada license plates.

Sec. 10. NRS 482.515 is
hereby amended to read as follows:

482.515 1. Whenever a person
operates any vehicle upon the public highways of this state without having paid
therefor the registration or transfer fee required by this chapter, the
required fee shall be deemed delinquent.

2. If the fee for registration is not
paid by the end of the last working day of the preceding period of
registration, a penalty of $6 must be added [thereto.
If the delinquency continues, and if the person liable for the fee has
knowledge of the delinquency, a penalty of $6 must be added] for
each period of 30 calendar days or fraction thereof during
which the delinquency continues, unless the vehicle has not been operated on
the highways since the expiration of the prior registration. Evidence of
nonoperation of a vehicle must be furnished by an affidavit executed by a
person having knowledge of the fact. The affidavit must accompany the
application for renewal of registration.

3. If the transferee of a vehicle,
required to be registered under the provisions of NRS 482.205, has not
registered the vehicle within 10 days after the transfer, a penalty of $6 must
be added to the fee for registration. The provisions of this section do not
apply to vehicles which come within the provisions of NRS 706.801 to 706.861,
inclusive.

4. In addition to
the penalties prescribed in subsections 2 and 3, the department and its agents
shall collect the fees for license plates and registration for each period of
30 calendar days, or portion thereof in excess of 15 days, during which the delinquency
has continued or for which the vehicle has not been registered pursuant to NRS
482.205.

Sec. 11. NRS 371.140 is
hereby amended to read as follows:

371.140 1. If the privilege
tax for a vehicle for the next period of registration is
not paid [within 30 days after it becomes
delinquent,]before the expiration of the
current period of registration for that vehicle, a penalty equal to 10
percent of the tax [,]due, but not less than $6, plus
the amount of the delinquent tax, must be added [thereto
and collected therewith, but, if the annual registration of a vehicle is being
renewed, the penalty must be added to any payment made on or after the 31st day
of the registration year,]to the
privilege tax due for the next period of registration, unless the
vehicle has not been operated on the highways since the expiration of the prior
registration. The department may retain any penalty so collected.

2. Evidence of nonoperation of a vehicle
must be made by an affidavit executed by a person having knowledge of the fact.
The affidavit must accompany the application for renewal of registration.

Sec. 12. There is hereby
appropriated from the state highway fund to the motor vehicle revolving account
the sum of $5,000.

________

κ1987
Statutes of Nevada, Page 1149κ

CHAPTER 491, AB 789

Assembly Bill No. 789Committee
on Ways and Means

CHAPTER 491

AN ACT making an appropriation to the
Department of Museums and History for the purchase of antique railroad equipment;
and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the Department of Museums
and History the sum of $237,000 for the purchase of antique railroad equipment.

2. The sum appropriated by subsection 1
is contingent upon the Department of Museums and History receiving, from a
source other than the State of Nevada, and expending in addition to the
appropriated sum $50,000 in the fiscal year 1987-88 and $50,000 in the fiscal
year 1988-89.

3. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1989, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 2. This act becomes
effective upon passage and approval.

________

CHAPTER 492, AB 693

Assembly Bill No. 693Committee
on Commerce

CHAPTER 492

AN ACT relating to surplus lines
insurance; specifying the amount of the fee a surplus lines broker may receive
for the placement of coverage; revising the provision relating to the affidavit
required of a broker; and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 685A of NRS
is hereby amended by adding thereto a new section to read as follows:

A broker may charge a fee for
procuring surplus lines coverage. Except as otherwise provided by agreement
between the insurer and broker, the fee must not exceed 20 percent of the
premium charged, after deduction of any other commissions, fees and charges
payable to the broker.

Sec. 2. NRS 685A.050 is
hereby amended to read as follows:

685A.050 1. At the time of
effecting any surplus lines insurance the broker shall execute an affidavit, in
the form prescribed or accepted by the commissioner,
setting forth facts from which it can be determined whether such insurance
[was] is eligible for export under NRS 685A.040.

commissioner, setting forth facts from which it can be
determined whether such insurance [was]is eligible for export under NRS 685A.040.

2. The broker shall file this affidavit
with the report of coverage and any other information
the commissioner requires within [30]90 days after the insurance [was]is so
effected, as required under [rules and]
regulations adopted pursuant to NRS 685A.210.

________

CHAPTER 493, AB 807

Assembly Bill No. 807Committee
on Judiciary

CHAPTER 493

AN ACT relating to dissolution of
marriage; authorizing a former spouse to bring an action for the partition of
military retirement benefits under certain circumstances; and providing other
matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 125 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. If a decree of
divorce does not provide for the disposition of military retirement benefits,
the former spouse of a member of the Armed Forces of the United States who has
received such a decree may bring an action in the district court for the
partition of benefits to which the member spouse is or may be entitled, other
than benefits for disability.

2. In any such
action:

(a) The doctrines of res
judicata and collateral estoppel do not bar relief.

(b) The member spouse may
assert any available equitable defense.

(c) The delay of the
plaintiff in bringing the action is not a bar to relief, except to the extent
that the doctrine of laches is shown to apply, and relief may be sought
regardless of the date on which the decree was entered.

(d) The district court
shall apply the law of this state applicable to the division of such benefits,
regardless of the law of the jurisdiction in which the decree was entered.

3. The district
court has no jurisdiction over the spouse who is or was a member of the Armed
Forces, or over the payments received from the Armed Forces, unless the member
spouse:

(a) Is a resident of this
state, other than by reason of an assignment by the Armed Forces;

(b) Is domiciled in this
state; or

(c) Consents to the
exercise of jurisdiction by the court at the time the decree of divorce is
entered or at any time thereafter.

Sec. 2. This act becomes
effective upon passage and approval.

________

κ1987
Statutes of Nevada, Page 1151κ

CHAPTER 494, AB 248

Assembly Bill No. 248Committee
on Ways and Means

CHAPTER 494

AN ACT making appropriations to the
Department of Prisons for equipment, materials and personnel for law libraries
and the construction of certain modular housing units; and providing other
matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Department of Prisons the sum
of $317,281 to purchase equipment and materials for law libraries necessary to
finish the following prison facilities:

1. Conservations camps, $54,990;

2. Ely maximum security prison, $67,695;
and

3. Reno correctional facility, $194,596.

Sec. 2. There is hereby
appropriated from the state general fund to the Department of Prisons the sum
of $235,035 to purchase equipment and materials associated with the modular
housing units at the Nevada State Prison and the Southern Desert Correctional
Center and to employ correctional officers for security during the construction
of those units.

Sec. 3. Any remaining
balance of the appropriations made by sections 1 and 2 of this act must not be
committed for expenditure after June 30, 1989, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 4. This act becomes
effective upon passage and approval.

________

CHAPTER 495, AB 142

Assembly Bill No. 142Committee
on Ways and Means

CHAPTER 495

AN ACT making an appropriation to the
Department of Prisons and the Department of Conservation and Natural Resources
for equipment and furnishing of conservation camp facilities; and providing
other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Department of Prisons and to
the Department of Conservation and Natural Resources the sums of $263,876 and
$1,198,584, respectively, for the equipment and furnishing of conservation camp
facilities.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this
act must not be committed for expenditure after June 30, 1989, and reverts to
the state general fund as soon as all payments of money committed have been
made.

this act must not be committed for expenditure after June
30, 1989, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 496, AB 144

Assembly Bill No. 144Committee
on Ways and Means

CHAPTER 496

AN ACT making an appropriation to the
Department of Prisons for the replacement of beds and mattresses; and providing
other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Department of Prisons the sum
of $146,033 for the replacement of beds and mattresses.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1989, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 497, AB 107

Assembly Bill No. 107Committee
on Judiciary

CHAPTER 497

AN ACT relating to crimes against public
justice; increasing the penalty for solicitation to commit murder from a gross
misdemeanor to a felony; and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 199.500 is
hereby amended to read as follows:

199.500 1. Every
person who counsels, hires, commands or otherwise solicits another to commit [murder,] kidnaping or arson is guilty of
a gross misdemeanor if no criminal act is committed as a result of the
solicitation.

2. Every person
who counsels, hires, commands or otherwise solicits another to commit murder,
if no criminal act is committed as a result of the solicitation, shall be
punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further
punished by a fine of not more than $10,000.

less than 1 year nor more than 10
years, and may be further punished by a fine of not more than $10,000.

________

CHAPTER 498, AB 671

Assembly Bill No. 671Committee
on Government Affairs

CHAPTER 498

AN ACT relating to Carson City; extending
the permitted length of maturity of short-term negotiable notes and bonds
issued by Carson City to finance a project related to the Carson City Senior
Citizens Center; and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The legislature
finds that:

1. A substantial number of the residents
of Carson City are elderly persons.

2. Carson City is limited in its ability
to provide vital services to its residents, especially its elderly residents,
because of its relatively small population and tax base.

3. The provisions of NRS 354.440
governing short-term financing which require that notes or bonds issued for
certain projects must mature within 5 years after the notes or bonds are issued
severely limit Carson Citys ability to provide vital services to its
residents.

4. The unique problems of Carson City
require special provisions for which a general law cannot be made applicable.

Sec. 2. Notwithstanding the
provisions of NRS 354.440, the board of supervisors of Carson City may issue
negotiable notes or short-time negotiable bonds which must mature not later
than 10 years after the date of issuance if issued in connection with the
financing of any project related to the Carson City Senior Citizens Center.

________

κ1987
Statutes of Nevada, Page 1154κ

CHAPTER 499, AB 619

Assembly Bill No. 619Committee
on Judiciary

CHAPTER 499

AN ACT relating to the protection of
children; shifting the burden of proving the good faith of persons whose
employment concerns protection of children in proceedings regarding their
immunity from civil and criminal liability; and providing other matters
properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 432B.160 is
hereby amended to read as follows:

432B.160 1. Immunity
from civil or criminal liability extends to every person who in good faith:

[1.](a) Makes a report pursuant to the provisions of
NRS 432B.220;

[2.](b) Conducts an interview or allows an interview
to be taken pursuant to NRS 432B.270;

[4.](d) Holds a child pursuant to NRS 432B.400 or
places a child in protective custody;

[5.](e) Refers a case or recommends the filing of a
petition pursuant to NRS 432B.380; or

[6.](f) Participates in a judicial proceeding
resulting from a referral or recommendation.

2. In any
proceeding to impose liability against a person for:

(a) Making a report
pursuant to subsection 2 of NRS 432B.220; or

(b) Any of the acts set forth
in paragraphs (b) to (f), inclusive, of subsection 1,

there is a presumption that the
person acted in good faith.

________

CHAPTER 500, AB 385

Assembly Bill No. 385Committee
on Judiciary

CHAPTER 500

AN ACT relating to traffic laws; expanding
the list of persons who may administer blood tests to determine alcohol content
or the presence of a controlled substance; and providing other matters properly
relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 484.393 is
hereby amended to read as follows:

484.393 1. The results of
any blood test administered under the provisions of NRS
484.383 or 484.391 are not admissible in any hearing or criminal action arising
out of the acts alleged to have been committed while a person was under the
influence of intoxicating liquor or a controlled substance unless:

provisions of NRS 484.383 or 484.391 are not admissible in
any hearing or criminal action arising out of the acts alleged to have been
committed while a person was under the influence of intoxicating liquor or a
controlled substance unless:

(b) The test was performed on whole blood,
except if the sample was clotted when it was received by the laboratory, the
test may be performed on blood serum or plasma [.]; and

(c) The person who
withdrew the blood was authorized to do so by the appropriate medical licensing
or certifying agency.

2. The limitation contained in paragraph
(a) of subsection 1 does not apply to the taking of a chemical test of the
urine, breath or other bodily substance.

3. No [physician,
registered nurse, licensed practical nurse, advanced emergency medical
technician-ambulance or technician]person
listed in paragraph (a) of subsection 1 incurs any civil or criminal
liability as a result of the administering of a blood test when requested by a
police officer or the person to be tested to administer [such]the test.

AN ACT relating to the apportionment of
tax proceeds; requiring the department of taxation to establish a method for
the annual determination of the population of this state; requiring the
department of taxation to prepare and submit to the governor an annual
determination of the population of this state for certification by the
governor; requiring the department of taxation to employ a demographer; and
providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 360 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The department
shall adopt regulations to establish a method of determining annually the
population of each county, city and unincorporated town in this state and, on
or before October 1 of each year, estimate the population of each county, city
and town pursuant to those regulations.

2. On or before
October 30 of each year, the department shall issue a report of the estimated population of each county, city and
unincorporated town in this state.

report of the estimated population of
each county, city and unincorporated town in this state.

3. Any county,
city or unincorporated town in this state may, on or before December 14 of each
year, petition the department to revise the estimated population of that
county, city or town. The department shall by regulation establish a procedure
to review each petition and to appeal the decision on review.

4. The department
shall, upon the completion of any review and appeal thereon pursuant to
subsection 3, determine the population of each county, city and unincorporated
town in this state, and submit its determination to the governor.

5. The department
shall employ a demographer to assist in the determination of population
pursuant to this section and to cooperate with the Federal Government in the
conduct of each decennial census as it relates to this state.

Sec. 2. NRS 360.285 is
hereby amended to read as follows:

360.285 1. For the purposes
of this Title, the governor shall, on or before January 1 of each year, certify
the population of each county, city and unincorporated town in this state [.]from the
determination submitted to him in the preceding year by the department.

2. Where any tax is collected by the
department for apportionment in whole or in part to any political subdivision
and the basis of the apportionment is the population of the political
subdivision, the department shall use the populations certified by the
governor. The transition from one such certification to the next must be made
on July 1 following the certification for use in the fiscal year beginning
then. Every payment before the date must be based upon the earlier
certification and every payment on or after that date must be based upon the
later certification.

________

CHAPTER 502, AB 263

Assembly Bill No. 263Committee
on Health and Welfare

CHAPTER 502

AN ACT relating to public health
sanitarians; authorizing their registration; regulating their practice;
creating the board for registration of public health sanitarians; specifying
its powers and duties; providing a penalty; making an appropriation; and
providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 54 of NRS is
hereby amended by adding thereto a new chapter to consist of the provisions set
forth as sections 2 to 25, inclusive, of this act.

Sec. 2. As used in sections
2 to 25, inclusive, of this act, unless the context otherwise requires:

1. Board means the board for
registration of public health sanitarians.

2. Sanitarian means a person who:

(a) Is qualified to advocate or recommend the
use of sanitary measures for the public benefit by reason of education,
practical training and experience determined by the board to be satisfactory;
and

(b) Has received from the board a certificate of
registration.

Sanitarian does not include any person who engages in the
practice of professional engineering, unless he is registered to do so pursuant
to chapter 625 of NRS.

Sec. 3. The purpose of
registering sanitarians is to protect the public health and safety and the
general welfare of the people of this state. Any certificate issued pursuant to
this chapter is a revocable privilege and no holder of such a certificate
acquires thereby any vested right.

Sec. 4. 1. There
is hereby created the board for registration of public health sanitarians,
consisting of the state health officer or his designated representative and
four members appointed by the governor.

2. After the initial terms, each member
appointed by the governor must be appointed for a term of 3 years.

Sec. 5. Of the members of
the board appointed by the governor after his initial appointments, two must
represent the general public and two must be sanitarians, one employed by the
health district containing Washoe County and one employed by the health
district containing Clark County.

Sec. 6. The governor may,
after notice and hearing, remove any member of the board for misconduct in
office, incompetency, neglect of duty or other sufficient cause.

Sec. 7. The board shall elect
from its members who are not employees of the state a chairman and a secretary.
The chairman must be elected annually on July 1. The secretary continues in
office at the pleasure of the board.

Sec. 8. 1. The
board shall hold at least one meeting annually to:

(a) Review and evaluate applications for
registration as sanitarians.

(b) Conduct examinations.

(c) Review expenditures by the board.

(d) Prepare reports.

(e) Transact any other business necessary to
enable the board to carry out its duties.

2. Special meetings of the board may be
called by the secretary upon the written request of any two members of the
board or upon a written request signed by 10 sanitarians.

3. Three members of the board constitute
a quorum to transact all business, and a majority of those present must concur
on any decision.

Sec. 9. 1. The
secretary of the board is entitled to receive:

(a) A salary, in the amount fixed by the board.

(b) Travel expenses provided for state officers
and employees generally.

2. All other members of the board are
entitled to receive the subsistence allowance and travel
expenses provided for state officers and employees generally for each day
actually engaged in the business of the board.

allowance and travel expenses provided for state officers
and employees generally for each day actually engaged in the business of the
board.

Sec. 10. 1. The
secretary of the board shall receive and account for all money paid to the
board and deposit it in banks and savings and loan associations in this state.

2. The compensation and expenses of
members of the board and the expenses of administering the provisions of this
chapter must be paid from the fees received by the board upon approval by the
board.

Sec. 11. 1. Before
September 1 of each even-numbered year, for the biennium ending June 30 of that
year, the board shall file a written report of the activities of the board with
the governor. The report must include the results of the annual audits of the
fiscal records of the board.

2. A copy of the report must be mailed by
the board to:

(a) Each sanitarian; and

(b) Any other person who submits a written
request to the board for a copy.

Sec. 12. The board shall
maintain a register of all:

1. Applicants for registration as a
sanitarian which contains:

(a) The name, age and place of residence of the
applicant;

(b) The name and address of the employer of the
applicant or address of the place of business of the applicant;

(c) The date of the application;

(d) The educational qualifications, practical
training and experience of the applicant;

(e) The date on which the board reviewed the
application, and the action taken;

(f) The number of the certificate of
registration, if any, issued to the applicant; and

(g) Such other information as the board
considers necessary.

2. Sanitarians currently registered.

Sec. 13. The board:

1. Shall keep a record of its
proceedings.

2. Shall provide for an annual audit of
its fiscal records.

3. Shall procure a seal.

4. May adopt such regulations as are
necessary to enable it to carry out the provisions of this chapter.

Sec. 14. 1. An
applicant for registration as a sanitarian shall submit to the board, through
its secretary:

(a) A completed application on a form prescribed
and furnished by the board;

(b) The required fee; and

(c) Proof of his educational qualifications,
practical training and experience.

(a) A baccalaureate or higher degree from an
accredited college or university;

(b) Satisfactorily completed at least 45 quarter
hours or 30 semester hours of academic work approved by the board in
environmental health and public hygiene or the physical and biological
sciences, or a combination of both; and

(c) At least 2 years of experience approved by
the board in this field of public health.

2. The board may register a person who is
not qualified under subsection 1, if he:

(a) Was actively employed in this field of
public health in this state on July 1, 1987;

(b) Is a graduate of an accredited high school;

(c) Has had a least 4 years of successful
experience in this field;

(d) Passes a written or oral examination
administered by the board; and

(e) Completes all the requirements of this
subsection before July 1, 1991.

3. The board may register, upon written
application, any person who:

(a) Was employed in this field of public health
in this state on July 1, 1987, and was a registered sanitarian in this state
before July 1, 1977; or

(b) Is registered as a public health sanitarian
with the National Environmental Health Association and is a resident of this
state.

Sec. 16. 1. Except
for an applicant applying pursuant to subsection 2 or 3 of section 15 of this
act, an applicant who is otherwise eligible for registration, has paid the fee
and presented the required credentials must appear personally and pass the
written examination certified by the National Environmental Health Association
or an equivalent examination prepared by the board.

2. If the application is filed pursuant
to subsection 2 of section 15 of this act, the board may use the written
examination certified by the National Environmental Health Association or a
written or oral examination prepared by the board.

3. The examination must be administered
by the board not less than once each year at such time and place in this state
as the board specifies.

4. The name of the applicant must not
appear on the examination, and the applicant must be identified by a number
assigned to him by the secretary of the board.

5. All examinations and the records
pertaining to them must be filed with the secretary of the board and retained
for at least 5 years.

Sec. 17. If an applicant
fails the examination, he may be re-examined upon resubmission of his
application accompanied by the required fee.

Sec. 18. 1. Each
applicant for registration as a sanitarian shall pay a fee set by the board not
to exceed $250.

2. Each applicant who fails an examination
and who desires to be re-examined shall pay a fee set by the board not to
exceed $200 for each re-examination.

3. Each registered sanitarian shall pay
to the secretary of the board on or before the date fixed
by the board an annual fee for registration to be set by the board not to
exceed $100.

before the date fixed by the board an annual fee for
registration to be set by the board not to exceed $100. The annual fee for
registration must be collected for the year in which a sanitarian is initially
registered.

4. The certificate of any sanitarian who
fails to pay the annual fee for registration within 60 days after it is due is
automatically suspended. The board must notify the sanitarian that his
certificate has been suspended for nonpayment of the annual fee. It may be
reinstated pursuant to regulations adopted by the board.

Sec. 19. Each certificate
issued by the board must be numbered and contain the:

1. Designation Registered Sanitarian.

2. Name of the person registered.

3. Date of issuance.

4. Seal of the board.

5. Signatures of the members of the
board.

Sec. 20. 1. The
board shall adopt regulations requiring participation in a program of
continuing education as a prerequisite for the renewal of a certificate of
registration.

2. The board may exempt a sanitarian from
the requirements for continuing education if he is able to show good cause why
the requirements could not be met. The exemption may not be granted to a person
more than once in any 2-year period.

Sec. 21. The grounds for
initiating disciplinary action under this chapter are:

1. Unprofessional conduct;

2. Conviction of felony or any offense
involving moral turpitude;

3. Suspension or revocation of a
certificate or license as a sanitarian by any other jurisdiction; or

4. Failure to meet the requirements for
continuing education.

Sec. 22. The following acts,
among others established by the board, constitute unprofessional conduct:

1. Willfully making a false or fraudulent
statement or submitting a forged or false document in applying for a
certificate;

2. Habitual drunkenness or addiction to
the use of a controlled substance as defined in chapter 453 of NRS;

3. Engaging in any conduct in his
professional activities which is intended to deceive or which the board has
determined is unethical; or

4. Violating or attempting to violate,
directly or indirectly, or assisting in or abetting the violation of or
conspiring to violate any provision of this chapter or a regulation of the
board.

Sec. 23. 1. If
the board finds after a hearing that disciplinary action is necessary, it may
by order:

(a) Place the sanitarian on probation for a
specified period or until further order of the board;

2. If the order places a sanitarian on
probation, the board may impose such limitations or conditions upon his
professional activities as it finds consistent to protect the public health.

Sec. 24. 1. Upon
denial of an application for registration or renewal of a certificate or other
disciplinary action, the board shall give the person written notice of its
decision mailed to him at his last known address by certified mail, return
receipt requested. The notice must:

(a) State the reason for the denial or
disciplinary action; and

(b) Inform the person that he has the right to a
hearing before the board.

2. A written request for a hearing must
be filed with the board within 30 days after the notice is mailed. If a hearing
is requested, the secretary of the board shall schedule the hearing for a date
not later than 20 days after receipt of the request.

Sec. 25. 1. Only
a person who holds a valid certificate of registration issued by the board may
use the title, registered sanitarian or the abbreviation R.S. after his
name.

2. Any person who violates this section
is guilty of a misdemeanor.

Sec. 26. NRS 218.825 is
hereby amended to read as follows:

218.825 1. Each of the
boards and commissions created by the provisions of chapters 623 to 625,
inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS and sections 2 to 25, inclusive, of this act, shall
engage the services of a certified public accountant or public accountant, or
firm of either of such accountants, to audit all of its fiscal records once
each year for the preceding fiscal year or once every other year for the 2
preceding fiscal years. The cost of the audit must be paid by the board or
commission audited.

2. A report of each such audit must be
filed by the board or commission with the legislative auditor and the director
of the budget on or before December 1 of each year in which an audit in
conducted. All audits must be conducted in accordance with generally accepted
auditing standards and all financial statements must be prepared in accordance
with generally accepted principles of accounting for special revenue funds.

3. The legislative auditor shall audit
the fiscal records of any such board or commission whenever directed to do so
by the legislative commission. When the legislative commission directs such an
audit, it shall also determine who is to pay the cost of the audit.

Sec. 27. There is hereby
appropriated from the state general fund the sum of $783.90 to the board for
registration of sanitarians.

Sec. 28. 1. The
governor shall initially appoint to the board for registration of public health
sanitarians two persons who are eligible for registration pursuant to sections
2 to 25, inclusive, of this act, and are employed as described in section 5 of
this act, and two persons to represent the general public.

2. The governor shall appoint the members
described in subsection 1 to initial terms as follows:

(a) One member, who is eligible for registration
as a sanitarian, to a term expiring on June 30, 1988;

(b) One member, who is eligible for registration
as a sanitarian, to a term expiring on June 30, 1989; and

(c) Two members, who represent the general
public, to terms expiring on June 30, 1990.

Sec. 29. 1. Section
25 of this act becomes effective on July 1, 1988.

2. The remaining sections of this act
become effective on July 1, 1987.

________

CHAPTER 503, AB 415

Assembly Bill No. 415Committee
on Government Affairs

CHAPTER 503

AN ACT relating to personnel of school
districts; prohibiting the involuntary transfer or reassignment of a
noncertificated employee as a form of discipline; authorizing certain temporary
reassignments; providing for a hearing under certain circumstances; and
providing other matter properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 391 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 2, any involuntary transfer or reassignment of
a noncertificated employee must be based on assignment and seniority and may
not be made as a form of discipline.

2. A
noncertificated employee may be reassigned for less than 30 days in response to
temporary requirements for work.

3. If a
noncertificated employee believes an involuntary transfer or reassignment was
made as a form of discipline, he is entitled to a hearing on that issue.

________

κ1987
Statutes of Nevada, Page 1163κ

CHAPTER 504, AB 522

Assembly Bill No. 522Committee
on Government Affairs

CHAPTER 504

AN ACT relating to planning for the use of
land; clarifying that the statutory provision which prohibits a zoning
ordinance from discriminating against certain homes for mentally retarded
persons also applies to certain private restrictions on the use of land;
providing that a residence for mentally retarded persons is not a commercial
activity for the purposes of zoning ordinances; and providing other matters
properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 278.021 is
hereby amended to read as follows:

278.021 1. [It is the]The
purpose of this section is to remove obstacles
imposed by zoning ordinances , declarations of
restrictions, deed restrictions, restrictive covenants and equitable servitudes
which prevent persons who are mentally retarded from living in normal
residences.

2. In any ordinance adopted by a city or
county, the definition of single-family residence must include a home in
which six or fewer unrelated persons who are mentally retarded reside with one
or two additional persons to act as house parents or guardians who need not be
related to each other or any of the mentally retarded persons who reside in the
house.

3. This section does not prohibit a
definition which permits more persons to reside in the house, nor does it
prohibit regulation of homes which are operated on a commercial basis.

4. For the
purposes of subsection 1, a residence for mentally retarded persons is not a
commercial activity.

________

CHAPTER 505, AB 864

Assembly Bill No. 864Committee
on Government Affairs

CHAPTER 505

AN ACT relating to intercollegiate
athletics; creating a continuing special award for outstanding achievements;
and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. A continuing
special award for outstanding achievements in intercollegiate athletics is
hereby established. This award must be presented by a special act of the
Legislature.

Sec. 2. 1. There
is hereby established a fund for the travel expenses relating
to the recipients of the award, their spouses, parents and other family members
to attend the recognition event.

AN ACT relating to fishing; authorizing
the board of wildlife commissioners to declare one day per year as a day for
fishing without a license; and providing other matters properly relating
thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 502.010 is
hereby amended to read as follows:

502.010 1. Every person who
hunts or traps any of the wild birds or animals or who fishes without having
first procured a license or permit to do so, as provided in this Title, is
guilty of a misdemeanor, except that:

(a) No license to hunt or fish is required of a
resident of this state who is under 12 years of age, unless required for the
issuance of tags as prescribed in this Title or by the regulations of the
commission.

(b) No license to fish is required of a
nonresident of this state who is under 12 years of age, but the number of fish
taken by such a nonresident must not exceed 50 percent of the daily creel and
possession limits as provided by law.

(c) It is unlawful for any child who is under 14
years of age to hunt any of the wild birds or animals with any firearm, unless
the child is accompanied at all times by an adult person licensed to hunt.

(d) No child under 12 years of age, whether
accompanied by a qualified person or not, may hunt big game in the State of
Nevada. This section does not prohibit any child from accompanying an adult
licensed to hunt.

(e) The commission may
declare one day per year as a day upon which persons may fish without a license
to do so.

2. This section does not apply to the
protection of persons or property from unprotected wild
birds or animals on or in the immediate vicinity of home or ranch premises.

from unprotected wild birds or animals on or in the
immediate vicinity of home or ranch premises.

________

CHAPTER 507, AB 636

Assembly Bill No. 636Committee
on Judiciary

CHAPTER 507

AN ACT relating to sexual assault;
providing that it is no defense to a charge of sexual assault that the
perpetrator was married to the victim at the time of the assault if the assault
was committed by force or by the threat of force; and providing other matters
properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 200.373 is hereby
amended to read as follows:

200.373 [A
person may not be convicted of a sexual assault upon his spouse unless:

1. The act
committed was other than sexual intercourse in its ordinary meaning;

2. He was an
accomplice or accessory to the sexual assault by a third person; or

3. At the time of
the sexual assault the couple were living apart and one of them had filed an
action for separate maintenance or divorce.]It is no defense to a charge of sexual assault that the
perpetrator was, at the time of the assault, married to the victim, if the
assault was committed by force or by the threat of force.

________

CHAPTER 508, AB 869

Assembly Bill No. 869Committee
on Economic Development, Small Business and Tourism

CHAPTER 508

AN ACT relating to the state librarian;
revising the duties of the state librarian concerning the custody of certain
records; and providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 378.245 is
hereby amended to read as follows:

378.245 1. The state
librarian has custody of and shall carefully preserve in the division:

(a) The enrolled copy of the constitution of the
State of Nevada . [,
except as permitted by subsection 3.]

(b) The description of the state seal and other
seals of which a description may be required to be deposited in the division.

(c) The proceedings and all papers of the two
constitutional conventions held for the purpose of framing a constitution of
this state.

(d) The manuscripts containing the enrolled acts
and joint resolutions and journals of the legislature of this state and the
Territory of Nevada.

(e) The records, papers and documents of Carson
County, Utah Territory, and all other books, records and documents which, by
the laws of the Territory of Nevada, were required to be deposited and kept in
the office of the secretary of the Territory of Nevada.

(f) All the books, records, parchments, maps,
registers, papers and other material required to be deposited or kept in the
division.

(g) All expired official bonds approved by the governor.

2. The state
librarian shall not permit the original papers and other material [, except as permitted by subsection 3, must not be
permitted] to be taken out of the archives unless [in the possession of the state librarian or his
deputy.

3. The enrolled
copy of the constitution may be displayed within the legislative building when
the legislature is in session.]he
determines that the circumstances ensure the safety and integrity of the papers
and other material.

AN ACT relating to requests for
legislative measures; requiring the publication of a list of all requests; and
providing other matters properly relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 218 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. On July 1
preceding each regular session of the legislature, and each week thereafter
until the first day of the session, the legislative counsel shall prepare a
list of all requests received by him, for the preparation of measures to be
submitted to the legislature. The requests must be listed numerically by a unique serial number which must be assigned to
the measures by the legislative counsel for the purposes of identification in
the order that he received the requests.

numerically by a unique serial number
which must be assigned to the measures by the legislative counsel for the
purposes of identification in the order that he received the requests. Except
as otherwise provided in subsection 4, the list must only contain the name of
each requester, the date and a brief summary of the request.

2. On the first
day of the legislative session, the entire list must be published in the
journals of the senate and assembly. A current list must be so published each
week during the legislative session.

3. The legislative
counsel bureau shall make copies of the list available to the public for a
reasonable sum fixed by the legislative commission upon the recommendation of
the director of the legislative counsel bureau.

4. In preparing
the list, the legislative counsel shall not include any information concerning
a measure requested by a legislator until the particular measure is introduced
in the legislature.

Sec. 2. NRS 218.625 is
hereby amended to read as follows:

218.625 1. The director,
other officers and employees of the legislative counsel bureau shall not:

(a) Oppose or urge legislation, except as the
duties of the director, the legislative auditory, the legislative counsel, the
research director and the fiscal analysts require them to make recommendations
to the legislature.

(b) Except as provided in this section [,]and section 1
of this act, disclose to any person outside the legislative counsel
bureau the contents or nature of any matter, unless the person entrusting the
matter to the legislative counsel bureau so requests or consents.

2. Except as the legislative auditor and
his staff are further restricted by this chapter, the nature or content of any
work previously done by the personnel of the legislative counsel bureau may be
disclosed to a legislator or public agency if or to the extent that the
disclosure does not reveal the identity of the person who requested it or
include any material submitted by the requester which has not been published or
publicly disclosed.

3. When a bill or resolution drafted at
the request of any person who is not a legislator [,]
is delivered to a legislator, the legislative counsel shall disclose the
identity of the requester to the recipient, and when the bill or resolution has
been introduced he shall upon request disclose the identity of the requester to
any legislator.

4. When a statute has been enacted or a
resolution adopted, the legislative counsel shall upon request disclose to any
person the state or other jurisdiction from whose law it appears to have been
adopted.

5. The records of the travel expenses of
legislators and officers and employees of the legislative counsel bureau are
available for public inspection at such reasonable hours and under such other
conditions as the legislative commission may prescribe.

6. Upon receipt of
a request for the preparation of a measure to be submitted to the legislature
which duplicates or closely resembles a request previously submitted for the
same legislative session, the legislative counsel shall, to the extent
practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this
subsection, ask the person to withdraw the request.

request of that fact and, except as
otherwise provided in this subsection, ask the person to withdraw the request.
If the request is not withdrawn, the legislative counsel shall inform the
previous requestor of the fact that a duplicative request has been made. If the
request is submitted by a legislator on his own behalf, and the previous
request was submitted by a legislator who is a member of the other house of the
legislature, the legislative counsel shall inform the second requestor of the
fact that the request is duplicative.

AN ACT relating to elections; increasing
the area around a polling place where the solicitation of voters is prohibited;
prohibiting certain persons from asking a voter his name, address or political
affiliation in the area around a polling place; providing a penalty; and
providing other matters properly relating thereto.

[Approved June 16, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a) Loiter in any polling place so as to
interfere with the conduct of the election.

(b) Except an election board officer, receive
from any voter a ballot prepared by the voter.

(c) Remove a ballot from any polling place
before the closing of the polls.

(d) Apply for or receive a ballot at any
election precinct or district other than the one at which he is entitled to
vote.

(e) Show his ballot to any person, after marking
it, so as to reveal any of the names voted for.

(f) [Within 100]Inside a polling place or within 300 feet of the [polling place,]exterior
of the building in which a polling place is located, ask another person
for whom he intends to vote.

(g) Except an election board officer, deliver a
ballot to a voter.

(h) Except an election
board officer in the course of his official duties, inside a polling place or
within 300 feet of the exterior of the building in which a polling place is
located, ask another person his name, address or political affiliation.

(a) Receive a ballot from any person other than
an election board officer.

(b) Deliver to an election board or to any
member thereof any ballot other than the one received.

(c) Place any mark upon his ballot by which it
may afterward be identified as the one voted by him.

3. Paragraphs (f)
and (h) of subsection 1 do not apply to any person in a private residence that
is within 300 feet of the exterior of a building in which a polling place is
located.

4. Any
person who violates any provision of this section is guilty of a gross
misdemeanor.

Sec. 2. NRS 293.592 is
hereby amended to read as follows:

293.592 1. [It]Except as
otherwise provided in subsection 2, it is unlawful [within 100 feet of the outside entrance of the
building in which the polling place is located:]inside a polling place or within 300 feet of the exterior of
the building in which a polling place is located:

(a) For any person to solicit a vote or speak to
a voter on the subject of marking his ballot.

(b) For any person, including an election board
officer, to do any electioneering on election day.

2. Subsection 1
does not apply to any person in a private residence that is within 300 feet of
the exterior of a building in which a polling place is located.

3. Any person
who violates any provision of this section is guilty of a gross misdemeanor.

________

CHAPTER 511, SB 230

Senate Bill No. 230Committee
on Taxation

CHAPTER 511

AN ACT relating to taxes on retail sales;
providing for the submission to the voters of the question whether the Sales
and Use Tax Act of 1955 should be amended to provide an exemption for certain
forms of precious metals sold at retail; contingently creating the same
exemption from certain analogous taxes; and providing other matters properly
relating thereto.

[Approved June 15, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. At the general
election on November 8, 1988, a proposal must be submitted to the registered
voters of this state to amend the Sales and Use Tax Act, which was enacted by
the 47th session of the legislature of the State of Nevada and approved by the
governor in 1955, and subsequently approved by the people of this state at the
general election held on November 6, 1956.

Sec. 2. At the time and in
the manner provided by law, the secretary of state shall transmit the proposed
act to the several county clerks, and the county clerks shall cause it to be
published and posted as provided by law.

Sec. 3. The proclamation and
notice to the voters given by the county clerks pursuant to law must be in
substantially the following form:

Notice is hereby given that
at the general election on November 8, 1988, a question will appear on the
ballot for the adoption or rejection by the registered voters of the state of
the following proposed act:

AN ACT to amend
an act entitled An Act to provide revenue for the State of Nevada; providing
for sales and use taxes; providing for the manner of collection; defining
certain terms; providing penalties for violation, and other matters properly
relating thereto. approved March 29, 1955, as amended.

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

Section 1. The
above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 773, is
hereby amended by adding thereto a new section to be designated as section
63.5, immediately following section 63, to read as follows:

Sec. 63.5. There
are exempted from the taxes imposed by this chapter the gross receipts from the
sale, storage, use or other consumption in this state of:

1. Gold,
silver or platinum medallions or bars which are statutorily authorized to bear
the state seal; and

2. Gold,
silver, platinum and other precious metals sold at retail as bullion, ingots,
bars or bullion coins.

Sec. 2. This
act becomes effective on January 1, 1989.

Sec. 4. The ballot page
assemblies and the paper ballots to be used in voting on the question must
present the question in substantially the following form:

Shall the Sales and Use Tax
Act of 1955 be amended to provide an exemption from the taxes imposed by this
act on the gross receipts from the sale, storage, use or other consumption of
gold, silver or platinum bars or medallions which are statutorily authorized to
bear the state seal, and gold, silver, platinum and other precious metals sold
at retail as bullion, ingots, bars or bullion coins?

Yes
No

Sec. 5. The explanation of
the question which must appear on each paper ballot and sample ballot and in
every publication and posting of notice of the question must be in
substantially the following form:

(Explanation
of Question)

The proposed amendment to
the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this
act the gross receipts from the sale, storage, use or other consumption of
gold, silver or platinum medallions or bars which are
authorized by law to bear the state seal, and gold, silver, platinum and other
precious metals sold at retail as bullion, ingots, bars or bullion coins.

platinum medallions or bars which
are authorized by law to bear the state seal, and gold, silver, platinum and
other precious metals sold at retail as bullion, ingots, bars or bullion coins.
If this proposal is adopted, the legislature has provided that the Local School
Support Tax Law and the City-County Relief Tax Law will be amended to provide
the same exemption.

Sec. 6. If a majority of the
votes cast on the question is yes, the amendment to the Sales and Use Tax Act
of 1955 becomes effective on January 1, 1989. If a majority of votes cast on
the question is no, the question fails and the amendment to the Sales and Use
Tax Act of 1955 does not become effective.

Sec. 7. All general election
laws not inconsistent with this act are applicable.

Sec. 8. Any informalities,
omissions or defects in the content or making of the publications,
proclamations or notices provided for in this act and by the general election
laws under which this election is held must be so construed as not to invalidate
the adoption of the act by a majority of the registered voters voting on the
question if it can be ascertained with reasonable certainty from the official
returns transmitted to the office of the secretary of state whether the
proposed amendment was adopted or rejected by a majority of those registered
voters.

Sec. 9. Chapter 374 of NRS is
hereby amended by adding thereto a new section to read as follows:

There are exempted from the
taxes imposed by this chapter the gross receipts from the sale, storage, use or
other consumption in this state of :

1. Gold, silver or
platinum medallions or bars which are statutorily authorized to bear the state
seal; and

2. Gold, silver,
platinum and other precious metals sold at retail as bullion, ingots, bars or
bullion coins.

Sec. 10. Section 9 of this
act becomes effective on January 1, 1989, only if the question provided for in
section 3 of this act is approved by the voters at the general election on
November 8, 1988.

________

κ1987
Statutes of Nevada, Page 1172κ

CHAPTER 512, SB 268

Senate Bill No. 268Committee
on Judiciary

CHAPTER 512

AN ACT relating to the detention of
persons suspected of criminal behavior; revising restrictions on the duration
and place of detention; and providing other matters properly relating thereto.

[Approved June 16, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 171.123 is
hereby amended to read as follows:

171.123 1. Any peace officer
may detain any person whom [such]the officer encounters under circumstances which
reasonably indicate that [such]the person has committed, is committing or is about to
commit a crime.

2. The officer may detain [such]the person
only to ascertain [the identity of such person]his identity and the suspicious circumstances
surrounding his presence abroad. Any person so detained shall identify himself,
but may not be compelled to answer any other inquiry of any peace officer.

3. No person may be detained longer than
is reasonably necessary to effect the purposes of this section, and in no event
longer than [30 minutes. Such detention shall]60 minutes. The detention may not extend beyond
the place or the immediate vicinity of the place where the detention was first
effected [.], unless the person is arrested.

________

CHAPTER 513, SB 586

Senate Bill No. 586Committee
on Finance

CHAPTER 513

AN ACT relating to public employees
retirement; temporarily revising the provision governing annual increases in
the rates of contribution; and providing other matters properly relating
thereto.

[Approved June 16, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. In
lieu of the increases required by NRS 286.465 for the fiscal years 1987-1988
and 1988-1989, the total rate of contribution to both the public employees
retirement fund and the police and firemens retirement fund must be increased
by one-quarter of 1 percent, cumulatively, on:

2. The increases required pursuant to
subsection 2 must be implemented beginning with the first day of the next
succeeding regularly scheduled pay period which begins after the date of the
increase.

________

CHAPTER 514, SB 574

Senate Bill No. 574Committee
on Natural Resources

CHAPTER 514

AN ACT relating to state lands;
authorizing the department of transportation to transfer certain real property
to the state; and providing other matters properly relating thereto.

[Approved June 16, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The
department of transportation may transfer to the State of Nevada, without consideration,
all of its right, title and interest in and to that parcel of real property
located in Carson City, Nevada, described as being a portion of the SW 1/4 of
the NW 1/4 and the NW 1/4 of the SW 1/4 of section 20, T. 15 N., R. 20 E.,
M.D.B. & M., and more particularly described as follows:

Beginning at the southwest
corner of section 20, T. 15 N., R. 20 E., M.D.B. & M.; thence North 27°2343
East, a distance of 1,826.08 feet to the true point of beginning; thence North
89°0550 West, a distance of 100.89 feet to a point; thence North 08°3132, a
distance of 89.24 feet to a point; thence along a tangent curve to the left,
with a radius of 4,800.00 feet, a central angle of 07°1917 and an arc
distance of 613.36 feet to a point; thence North 01°1215 East, a distance of
965.86 feet to a point; thence South 89°0639 East, a distance of 100.00 feet
to a point; thence South 01°1215 West, a distance of 966.41 feet to a point;
thence along a tangent curve to the right, with a radius of 4,900.00 feet, a
central angle of 07°1917 and an arc distance of 626.13 feet to a point;
thence South 08°3132 West, a distance of 75.86 feet to the true point of
beginning; containing an area of 3.83 acres, more or less.

2. The real property described in
subsection 1 must be conveyed subject to:

(b) Any restrictions on use or reconveyance
necessary to ensure compliance with the Nevada Constitution and any applicable
federal requirements concerning land purchased with federal highway money.

3. The state land registrar shall assign
the land described in subsection 1 to the Nevada state museum for use and
administration.

________

CHAPTER 515, SB 509

Senate Bill No. 509Committee
on Finance

CHAPTER 515

AN ACT relating to offenders; requiring
the director of the department of prisons to provide certain textbooks for use
by offenders; making an appropriation; and providing other matters properly
relating thereto.

[Approved June 16, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 209.391 is
hereby amended to read as follows:

209.391 The director shall:

1. Establish programs to provide medical,
psychological, psychiatric and other appropriate forms of counseling to
offenders under the jurisdiction of the department, in accordance with
classification requirements.

2. Administer programs of general
education, vocational training and other rehabilitation for offenders
established by the board.

3. Within the
limits of legislative appropriations, purchase textbooks for use by offenders
who are enrolled in courses of general education and vocational training
offered by any part of the University of Nevada System. Any textbooks purchased
pursuant to this section must remain the property of the state and must be
reissued to offenders as appropriate.

4. Within
the limits of legislative appropriations, establish programs of research,
statistics and planning to:

(a) Determine and [periodically]
review periodically the effectiveness of the
departments programs of education, vocational training and other rehabilitation
for offenders;